Railroad Commission v. Hocking Valley Railway Co.

Citations

• 79 Ohio St. (N.S.) 419

Syllabus

<p>Paragraph \d\ of Section 244-26, Revised Statutes — Applies exclusively to judgment of common pleas court — Appeal may be taken within, sixty days — Limitation for error prosecution— Section 6723, Revised Statutes — Court procedure.</p> <p>1. The provisions of paragraph d, of Section 244-26, Revised Statutes, prescribing the mode of procedure necessary to obtain a review of the judgment rendered in an action brought under the authority of said section, have relation, and apply exclusively, to the judgment rendered by the court of common pleas in such action.</p> <p>2. Under favor of the provisions of said paragraph d, either party to said action may, within sixty days after judgment rendered by said court of common pleas, appeal said cause or take the case up on error, as in other civil actions.</p> <p>3. The time within which a proceeding in error may be commenced in this court to reverse a judgment rendered by the circuit court in any such action, is governed by the limitation fixed by Section 6723, Revised Statutes, and such proceeding is commenced in time if brought within four months from the date of the rendition of the judgment in the circuit court.</p>