
    No. 822
    PITTSBURG TIN PLATE v. GOODMAN
    Ohio Appeals, 2d District, Franklin County
    Decided October 20, 1923
    166. ERROR.
    Absence of bill of exceptions is predicate for motion to dismiss error proceedings.
    Attorneys — S. L. Black, C. C. Middleswart and M. G. Evans, for Pittsburg Tin Co.; Timothy S. Hogan and M. R. Patterson, for Goodman.
   BY THE COURT.

Epitomized Opinion

A motion was filed to the petition of the Pittsburg Tin Plate Co., and sustained. Error was prosecuted to the Court of Appeals. Although affidavits were filed in support and against this motion in the 1~wer court, no bill of exceptions was filed containing this evidence. A motion was filed by the defendants to dismiss the error proceedings. In sustaining this motion, the court held:

1. As a bill of exceptions was necessary to review the evidence, a motion to dismiss the proceeding in error must be sustained upon the ground that there was no error .subject to review.  