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STATE EX REL. DAVIS, v. MASGAY

No. 36680.

171 Ohio St. 498 (1961)

THE STATE, EX REL. DAVIS, APPELLANT, v. MASGAY, CLERK OF COURTS, APPELLEE.

Supreme Court of Ohio.

Decided February 15, 1961.

Attorney(s) appearing for the Case

Messrs. Woodle & Wachtel, for appellant.

Mr. John T. Corrigan, prosecuting attorney, and Mr. John F. Smolka, for appellee.

Per Curiam.

It is the contention of appellant that rule 7, so far as it requires a deposit as security for costs before an appeal may be docketed, imposes an additional condition not provided by statute, interferes with the operation of the statutory law relating to appeals, and is invalid.

Section 2323.31, Revised Code, provides in part: "The Court of Common Pleas by rule may require an advance deposit...

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