Jones Law v. Johnson

Citations

• 19 Ohio C.C. Dec. 134
• 9 Ohio C.C. (n.s.) 147

Syllabus

<p>ERROR.</p> <p>'Marvin, Winch and Henry, JJ.</p> <p>1, Necessity of Transcript of Final Record in Error Proceedings.</p> <p>If the functions conferred upon the mayor and judge by the Jones law (98 O. L. 68; Rev. Stat. 4364-30a et seq.; Lan. 7283a et seq.), are' of a judicial nature, then the proceedings in error provided for in Sec. 12 of said law come-within the requirements óf Rev. Stat. 6716 (Lan. 10308), and a transcript of the final record, or of the docket or journal entries, must be filed with the petition in error. If said functions are of. a ministerial nature, then said Sec. 12 of the Jones law is unconstitutional, being an attempt to confer original jurisdiction upon the circuit court in excess of that limited by Art. 12, Sec. 6 of the constitution.</p> <p>[For other cases in point, see 4 Cyc. Dig., “Error,” §§ 1209-1221. — Ed.]</p> <p>2. Jurisdiction of Circuit Court on Error Proceedings.</p> <p>Where a motion for leave to file a petition in error and a petition in error are both filed with the clerk of the circuit court within the fifteen days 1 limited by Sec. 12 of the Jones law, but during vacation: Quaere, can1 the circuit court, when thereafter duly convened in session, grant said! motion and entertain consideration of said petition in error?</p> <p>[For other cases in point, see 4 Cyc. Dig., “Error,” §§ 65-72» — Ed.]</p> <p>[Syllabus by the coui>t]</p>