WOODWARD v. EBERLY

No. 35114.

167 Ohio St. 177 (1958)

WOODWARD, ADMR., APPELLANT, v. EBERLY, APPELLEE.

Supreme Court of Ohio.

Decided January 15, 1958.


Attorney(s) appearing for the Case

Messrs. Cobourn, Yager, Notnagel, Smith & Beck, for appellant.

Messrs. Brady, Whitehead & Simmons and Mr. Delbert Latta, for appellee.


BELL, J.

The only question to be decided by this court is whether the plaintiff's bill of exceptions was filed in the trial court within the time required by the applicable statute of Ohio. The resolution of that question depends upon the effect, if any, of the amendment of Section 2321.05, Revised Code. Defendant states the alternatives in his brief, as follows:

"If the amendment applies and is controlling then...

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