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54 Ohio Law. Abs. 32

Parrish v. Myles

Ohio Court of Appeals

Decided January 26, 1949

Ohio Court of Appeals · decided 1949-01-26

Decided 1949-01-26

¶1OPINION

By HORNBECK, J.

¶2Defendants appeal from a judgment of the Common Pleas Court dismissing the appeal of defendants from a judgment of the Municipal Court against them. This is the only judgment carried into a journal entry, although there seems to be another decision in the case by another Judge of the Common Pleas Court involving another question. This is not carried into an entry.

¶3The error assigned here is the refusal of the Trial Judge in the Municipal Court to sign a bill of exceptions tendered by defendants. The remedy of the defendant, if the Trial Judge improperly refused to sign the bill of exceptions, is by mandamus and not by appeal. 25 O. Jur., 1152.

¶4Judgment affirmed.

WISEMAN, PJ, and MILLER, J, concur.
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