
    No. 280
    MOUSE v. CENTRAL SAV. & TR. CO.
    No. 20331.
    Supreme Court
    On motion to certify.
    Dock. Feb. 17, 1927,
    5 Abs. 121.
    677. JUDGMENTS & DECREES — Can- reviewing court who finds prejudicial error upon face of record, reduce money judgment to nominal sum and affirm same, without consent of plaintiff or his attorney?
    Attorneys — Carl M. Myers, Akron, for Mouse.
   Gordon Mouse contends in the Supreme Court, that a bank which by its negligence caused a misspelling of his name and then refused to honor his checks as a depositor and caused his arrest charging fraud, is liable in damages; and that a reviewing court cannot upon finding prejudicial error upon the face of the record, modify a money judgment and reduce same to nominal sum without his consent.

Note — Motion to certify allowed, 5 Abs. 171.  