Ohio Supreme Court, 1876

McLees v. Morrison

McLees v. Morrison
Ohio Supreme Court · Decided December 15, 1876
29 Ohio St. 155
McLees v. Morrison

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

By the Court.

Under section 113 of the justices’ code (S. & S. 419), which makes it the duty of the appellant to-file the transcript with the clerk of the court of common pleas “ on or before the thirtieth day from the rendition of the judgment appealed from,” if said thirtieth day falls on Sunday the transcript can not be filed on the next succeeding-day, the provisions of section 597 of the code of civil procedure not being applicable in such cases, but only applicable to cases provided for in the code of civil procedure-itself.

Motion overruled.

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