State ex rel. Ayres v. Green

Citations

• 33 Ohio C.C. Dec. 586
• 22 Ohio C.C. (n.s.) 321

Syllabus

<p>BILLS OF EXCEPTIONS — CONTRACTS—NEW TRIAL</p> <p>1. Motion for New Trial Filed Three Day» from Entry of Judgment on Journal.</p> <p>A motion for a new trial is in time if filed within three days from the entry on the journal of the judgment of the court. Oineinnati v. Kilgour, 33 O. C. C. 415 (13 N. S. 415), modified.</p> <p>2. Bill of Exceptions Relates Back to Real Date of Filing as Corrected by Court.</p> <p>Under the power given to courts to correct mistakes in furtherance of justice or to supply omissions in hills of exceptions, a trial court has authority to correct a mistake in the number which has been given a bill of exceptions and to make a notation of the real date of the filing thereof, and when such a correction is made it relates back to the real date of the filing.</p> <p>3. Contractor Writing Proposition on Proposal Sheet not in Printed Form, Held Defect Waivable.</p> <p>The fact that a bidder for the construction of a public building wrote one proposition on the proposal sheet, which he did not find in the printed form, is a defect which the building commission has power to waive, and when its waiver has the effect of saving money for the people it will not be condemned by the courts.</p> <p>4. Separate Trades Placed on Same Footing as Entire Job Bidders.</p> <p>The purpose of Secs. 2363 and 2364 G. 0. is to extend the opportunities for competition by giving separate trades an opportunity to bid separately for their separate branches and receive the same consideration as those who bid for the entire work, and these sections permit a bidder for a part of the work to make his bid cover more than one kind of work or materials, even to the extent of bidding for all branches of the work except one.</p>