Ohio Supreme Court, 1923

Adams v. Hollow Rock Mining & Transportation Co.

Adams v. Hollow Rock Mining & Transportation Co.
Ohio Supreme Court · Decided July 1, 1923 · Allen, Day, Jones, Marshall, Matthias, Robinson, Wanamaker
1 Ohio Law. Abs. 500

Adams v. Hollow Rock Mining & Transportation Co.

Opinion of the Court

WANAMAKER, J.

1. The filing by defendant of a general demurrei to a petition, in which demurrer he fails to make anj reservation as to the court’s jurisdiction over him is an entry of appearance and a waiver of his righ to object on the ground of jurisdiction over his per son.

2. A rule of the Court of Appeals requiring brief: to be' filed in error proceedings within a reasonabk time is a valid exercise of the power conferred upoi that court, and a dismissal of such proceedings ■ error for failure to file such brief for a period of foil months after a petition in error is filed does not con stitute an abuse of the discretion of the court in tha b.ehalf.

Judgment affirmed.

Marshall, C. J., Robinson, Jones, Matthias, Day am Allen, JJ., concur.

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