Ohio Supreme Court, 1949

Stern Furniture Co. v. Stern

Ohio Supreme Court · Decided July 20, 1949 · Weygandt, Matthias, Hart, Zimmerman, Stewart, Turner, Taet

87 N.E.2d 351; 152 Ohio St. 191; 152 Ohio St. (N.S.) 191; 39 Ohio Op. 479; 1949 Ohio LEXIS 342 (North Eastern Reporter, Second Series)

Counsel

Mr. Sidney N. Weitz , for appellee. Mr. Gabriel Leeb , for appellants.

Opinion of the Court

By the Court.

A proceeding in contempt, instituted in the Court of Appeals for the violation of its former order, is a case originating in the Court of Appeals within the meaning of Section 2, Article IV of the Constitution, and an appeal as of right may prop *193 erly be filed in this court. Cady v. Cleveland Worsted Mills Co., 126 Ohio St., 171, 184 N. E., 511.

The Court of Appeals found there had been specific violations of its decree in injunction. From an examination of the record we are of the opinion that the finding in contempt was warranted.

The motion to dismiss the appeal is overruled and the judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Weygandt, C. J., Matthias, Hart, Zimmerman, Stewart, Turner and Taet, JJ., concur.

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