18 OHIOST2D 87 - Ferrebee v. Boggs

How this case has been cited

Cited by 8 later decisions — most recently June 2014

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Per Curiam.

¶1It is clear from the record, the briefs and oral argument that a valid bill of exceptions containing evidence submitted in the trial of March 1967, was properly filed and certified, as required by Section 2321.06, Revised Code, and was duly filed in the Court of Appeals.

¶2The clerk’s failure to officially stamp it cannot prevent the court from using it to consider issues on appeal. King v. Penn, 43 Ohio St. 57; Cincinnati Traction Co. v. Ruthman, 85 Ohio St. 62. See, also, Lewis v. Public Finance Corp., 9 Ohio App. 2d 215.

¶3The judgment of the Court of Appeals is reversed and the cause is remanded to that court for consideration upon the merits, with instructions to consider appellant’s bill of exceptions.

¶4Judgment reversed.

Taft, C. J., Zimmerman, Matthias, O’Neihl, Schneider, Herbert and Duncan, JJ., concur.