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Staley v. Kreinbihl

STALEY, Appellant, v. KREINBIHL Et Al., Exrs., Appellees

Staley v. Kreinbihl, 89 N.E.2d 593 (Ohio Ct. App. 1949)
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Court
Ohio Court of Appeals · State Appellate Courts
Decided
February 14, 1949
Docket
No. 376
Judges
Fess, Conn, Carpenter
Citations
89 N.E.2d 59385 Ohio App. 51056 Ohio Law. Abs. 25040 Ohio Op. 4141949 Ohio App. LEXIS 733

Opinion of the Court — Fess

OPINION By FESS, J.

On November 6, 1948, plaintiff filed a notice of appeal from this court to the Supreme Court of Ohio from a judgment entered in this court after a trial de novo herein. On the same day, but after the filing of plaintiff’s notice of appeal, the defendants filed a notice of cross-appeal in this court to the Supreme Court. Plaintiff filed a motion to strike the notice of cross-appeal from the files for the reason that no statute *251 or rule of this court provides for the filing and perfecting of cross-appeals from this court to the Supreme Court. However, the right of appeal can be determined only by the court or tribunal to which the appeal is sought to be taken. State ex rel. Cleveland, A. & C. Ry. Co. v. Glasgo, Aud., 105 Oh St, 225, 137 N. E., 35 . The motion to strike is therefore overruled without prejudice to the plaintiff to raise the question in the Supreme Court.

Motion overruled.

CONN, PJ, and CARPENTER, J, concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1958: 119582026peak 1958 · 1

Relies on it most ⓘ

  1. Middleton v. Huntington National Bank156 N.E.2d 321 (Ohio Ct. App. 1958)

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  1. Middleton v. Huntington National Bank156 N.E.2d 321 (Ohio Ct. App. 1958)

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