Cuyahoga Circuit Court, 1905

Pfister v. Botsford

Pfister v. Botsford
Cuyahoga Circuit Court · Decided December 1, 1905 · Henry, Marvin, Winch
33 Ohio C.C. Dec. 333

Counsel

A. E. Martin, for plaintiff in error., J. Moore and F. C. Friend, for defendants in error.

Pfister v. Botsford

Opinion of the Court

HENRY, J.

An inspection of the transcript from the justice’s court discloses that the appeal bond was not filed within the statutory period. The time for filing expired on a Sunday and the bond was filed the next day. It was therefore too late, and was without efficacy to perfect an appeal. Section 4951 R. S. (Sec.. 10216 G. C.) does not apply to practice in justices ’. courts. *334McLees v. Morrison, 29 Ohio St. 155; Kerr v. Keil, 60 Ohio St. 607 [54 N. E. 1104].

The judgment of the court of common pleas is reversed, and the cause remanded to that court with direction to dismiss the appeal.

Marvin and Winch, JJ., concur.

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