State ex rel. Lander v. Prestien

Citations

• 93 Ohio St. (N.S.) 423

Syllabus

<p>Courts of appeals — Jurisdiction—Cases filed after January i, 1913 —Controlled by Section 6, Article IV, Constitution, 1912— Schedule to constitution inapplicable, when — Dismissal of appeal after case submitted on merits.</p> <p>1. Section 6 of Article IV of the Constitution as amended September 3, 1912, specifically provides that the provisions of that section in reference to the jurisdiction of the courts of appeals shall apply to all cases coming into that court after the taking effect of the amendment, which was on the first day of January, 1913. Upon this question the special provision found in that section must control. The provision of the general schedule to the amendments to the constitution has no application.</p> <p>2. If is not error for a court of appeals to sustain a motion to dismiss an appeal, for want of jurisdiction, filed after the cause has been submitted to the court upon its merits.</p>