Ohio Supreme Court, 1946

Robinson v. City of South Euclid

Ohio Supreme Court · Decided May 29, 1946 · Weygandt, Zimmerman, Bell, Williams, Turner, Matthias, Hart

67 N.E.2d 327; 146 Ohio St. 627; 146 Ohio St. (N.S.) 627; 33 Ohio Op. 96; 1946 Ohio LEXIS 359 (North Eastern Reporter, Second Series)

Counsel

Messrs. Davies Eshner , for appellant. Mr. Roland A. Baskin , city solicitor, for appellee city of South Euclid. Mr. Frank T. Cullitan , prosecuting attorney, and Miss Margaret R. Lawrence , for appellees John A. Zangerle, auditor, John J. Boyle, treasurer, and Cuyahoga county.

Opinion of the Court

By the Court.

Counsel for appellant contend that, under Section 11571, General Code, a bill of exceptions is not necessary in a case in which the entry of judgment shows that the case was tried on an agreed statement of facts which was filed with the papers in the case.

The journal entry of the Court of Appeals in the instant case recites that the cause was “heard on the pleadings, evidence and stipulation of fact.” (Emphasis supplied.) Section 11571, General Code, does not apply to a case which was heard on the evidence and an agreed statement or stipulation of facts.

There being no bill of exceptions in the instant case, the record is insufficient for review and the judgment of the Court of Appeals is therefore affirmed. Townsend v. Harrison, 58 Ohio St., 398, 50 N. E., 985; Tenesy v. City of Cleveland, 133 Ohio St., 251, 13 N. E. (2d), 122.

Judgment affirmed.

Weygandt, C. J., Zimmerman, Bell, Williams, Turner, Matthias and Hart, JJ., concur.

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