Ohio Court of Appeals, 1933

Galati v. State

Galati v. State
Ohio Court of Appeals · Decided January 16, 1933 · Dist, Garver, Lemert, Sherick
13 Ohio Law. Abs. 512; 1933 Ohio Misc. LEXIS 1699

Galati v. State

Opinion of the Court

GARVER, PJ.

In 12 Ohio Jurisprudence 805, we find the following:

“Where a bill of exceptions is not filed within the statutory time, the judge is without authority to allow and sign such bill, the reviewing court acquires no jurisdiction, and the bill of exceptions must be stricken from the files. And where the errors charged are such as can be disclosed only by a bill of exceptions, the judgment must be affirmed. The bill of exceptions is not available unless filed in the Court of Common Pleas within the time fixed by that court, which under the provisions of §13680 GC (now §13445-1 GC as amended in 113 O.L. 191) cannot be more than thirty days from the overruling of the motion for new trial.”

Therefore, the judgment of the Common Pleas Court is affirmed. Exceptions may be noted.

SHERICK and LEMERT, JJ, concur in judgment

Case-law data current through December 31, 2025. Source: CourtListener bulk data.