State ex rel. Reamer v. Houck
State ex rel. Reamer v. Houck
Opinion of the Court
On September 17, 1914, Clement L. Reamer brought an action in the court of common pleas of Coshocton county, wherein he sought a decree quieting his title as against the
Thereupon the defendant Elrado E. Reamer duly perfected his appeal of said cáuse to the court of appeals of said county. No further pleadings were filed in that court. No motion to dismiss the appeal was filed and the case went to trial and final judgment in the court of appeals without any question being raised as to the appeal or as to the jurisdiction of the court of appeals to hear the case. Upon such hearing the court of appeals entered a judgment dismissing the petition of the plaintiff Clement L. Reamer and finding in favor of the defendant Elrado E. Reamer on his cross-petition, and entered a decree quieting his title to the real
Thereafter the plaintiff filed his motion here asking that the court of appeals be directed to certify the record in the case to this court. Upon the motion of the defendant the plaintiff’s motion for an order to certify the record was stricken from the files for the reason that it was not filed within 70 days after the entry of judgment in the court of appeals. Now Clement L. Reamer brings his action in this court and asks that a writ of prohibition be awarded prohibiting the respondents named, being said Elrado E. Reamer, the judges of the court of appeals of the fifth judicial district and the sheriff of Coshocton county, from proceeding further with the enforcement of said judgment, and that the order and judgment of the court of appeals be vacated and held for naught.
The pleadings in this case are in substantial accord as to the facts, which are as above stated. Plaintiff plants his claim for a writ of prohibition upon the contention that the court of appeals had no jurisdiction to render said judgment in favor of the defendant and against the plaintiff, upon the cross-petition in that case, and that such judgment is void for want of jurisdiction of the subject-matter thereof by the court of appeals of Coshocton county.
Writ refused.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.