State ex rel. Sylvania Home Telephone Co. v. Richards

Citations

• 94 Ohio St. 287
• 114 N.E. 263
• 1916 Ohio LEXIS 140

Syllabus

<p>Courts of appeals — Certiorari — Entry finding conflict of judgment— Prerequisite to review by supreme court — Conflict must exist when judgment rendered — Certification not axtthorised where conflict subsequently arises.</p> <p>1. The provision in Section 6, Article IV, of the Constitution, that “whenever the judges of a court of appeals find that a judgment upon which they have agreed is in conflict with a judgment pronounced upon the same question by any other court of appeals of the state, the judges shall certify the record of the case to the supreme court for review and final determination,” confers exclusive authority on the judges of the court of appeals to find the existence of the conflict referred to, and in order to vest this court with jurisdiction to review and determine the case that finding must be entered and certified with the record of the case to this court.</p> <p>2. Where one court of appeals has entered a final judgment in a case pending before it and another court of appeals subsequently renders a judgment upon the same question in conflict therewith, the judges of the former court are not authorized by the provision quoted to make and enter a finding of such subsequent conflict, arrest the enforcement of the judgment entered by it and certify the record of the case to this court for final determination.</p>