SMITH v. MILK PRODUCTS, INC.

No. 38394.

176 Ohio St. 143 (1964)

SMITH, APPELLEE, v. DIAMOND MILK PRODUCTS, INC., APPELLANT.

Supreme Court of Ohio.

Decided April 22, 1964.


Attorney(s) appearing for the Case

Messrs. Dobbs, Frick & Finnegan and Mr. Bruno E. Voltolini, for appellee.

Messrs. Wright, Harlor, Morris, Arnold & Glander and Mr. Charles E. Brant, for appellant.


O'NEILL, J.

The first question presented by this appeal is whether the Court of Appeals erred in holding that a bill of exceptions was not necessary.

The plaintiff relies upon Section 2505.08, Revised Code, which provides that "the clerk * * * shall * * * prepare and file in the court to which the appeal is taken, a transcript of the docket or journal entries, with such original papers or transcripts as are necessary to exhibit the error complained of."

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