State ex rel. Anderson v. Spence

Citations

• 94 Ohio St. 252
• 113 N.E. 1048
• 1916 Ohio LEXIS 150

Syllabus

<p>Bills of exceptions — Cases certified to supreme court — Section 11564, General Code, applies — Forty-day limitation for filing — Duty of judges of courts of appeals.</p> <p>1. Section 11564, General Code, fixes the time within which a bill of exceptions is to be filed, and its provisions apply to a case tried on appeal in the court of appeals where the record of the court is ordered to be certified to this court upon the grounds that the case is one of public or great general interest and that error has probably intervened.</p> <p>2. In such a case, where a bill of exceptions is not filed within the statutory time, the judges of the court of appeals are without authority to allow and sign such bill, and this court cannot compel them to allow and sign the same.</p>