Meyer v. Beck

Citations

• 87 Ohio St. (N.S.) 182

Syllabus

<p>IVhen record of cause tried in circuit court — Shozvs statement of conclusions of fact — Separate from conclusions of law — Defeated party may file petition in error, when — Section 12254, General Code, does not require printing bill of exceptions, when— Incumbent upon defendant in error to print bill, when.</p> <p>1. When the record of a cause tried on evidence in the circuit court shows that the court stated its conclusions of fact separately from its conclusions of law, the defeated party may file a petition in error here for the reversal of the judgment upon the ground that it is not justified by the facts found, and Section 12254, General Code, does not require him to print a bill of exceptions which he may have taken in the circuit court.</p> <p>2. If, in such case, the defendant in error desires to secure an affirmance of the judgment upon the ground that a bill of exceptions which was taken in the circuit court shows, when, considered with other portions of the record, that the judgment was justified by facts not stated in the entry of the circuit court's judgment, it is incumbent upon him, within the time fixed for filing his brief, to print the bill of exceptions.</p>