Porter v. Rohrer

Citations

• 95 Ohio St. (N.S.) 90

Syllabus

<p>Bills of exceptions — Filing with petition in error — Section 12263, General Code — Limitation of time — Nonfeasance of officer , of trial court — Bill may be filed, when — Review by court withoitt bill.</p> <p>1. Section 12263, General Code, imposes upon the excepting party a clear and positive duty to file with his petition in error a bill of exceptions, if he desires to avail himself thereof; and if the bill has been perfected and filed in the trial court within the limitation period for error, it becomes his duty to file it in the reviewing court within that period.</p> <p>2. If the excepting party has performed the statutory duty required of him relating to the preparation, filing and perfection of a bill of exceptions, and the same has not been properly perfected by reason of the nonfeasance of some ministerial act by the clerk or trial judge, the excepting party may cause the same to be filed in the reviewing court at any time before the final consideration of the case in that court.</p> <p>3. In cases occurring under proposition 2 of the syllabus above, if the excepting party has failed to use due diligence in availing '■himself of such bill and securing its presentation to the reviewing court for its consideration, that court, in the ’exercise of its discretion, may review and determine the cause without the bill of exceptions.</p>