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10 Ohio Cir. Dec. 342

Shields v. Betts

Hamilton Circuit Court

Decided October 15, 1899

Hamilton Circuit Court · decided 1899-10-15

<p>PETITIONS IN ERROR.</p> <p>Smith, Swing and Gifien, JJ.</p> <p>Failure to File within Statutory Time.</p> <p>A petition in error not filed until five months after rendition.of the judgment although within four months from the overruling of the motion for a new trial,is not sufficient.</p>

Decided 1899-10-15

Smith, J.

¶1The motions will have to be granted. The petitions in error were not filed until five months after the rendition of the judgments sought to be reversed, and, therefore, were not filed in time. It is true that they were filed within four months from the overruling of the motion for a new trial, but this is not sufficient. Dowty v. Pepple, 58 Ohio St., 395.

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