
    No. 847
    HAYES v. HAYES
    Ohio Supreme Court.
    No. 19964.
    Decided Nov. 2, 1927.
    OPINION REPORTED IN PULL.
    Syllabus by Editorial Staff.
    725. LIMITATIONS. — 413. Divorce and Alimony. — Seventy day limitation, for filing petition in error, must be computed from date decree of common pleas is journalized.
    Error to Cuyahoga Appeals.
    Judgment reversed.
    Edward W. Dissette and Wilson Kern, Cleveland, for plaintiff in error.
    Clarke & Costello, Cleveland, for defendant in error.
   BY THE COURT.

This is a proceeding in error to reverse a judgment rendered, by the Court of Appeals of Cuyahoga county in a divorce and alimony case.

The court of common pleas rendered a decree in the case. The dissatisfied party prosecuted error. The other party moved the Court of Appeals to dismiss the error case for the reason that petition in error was not filed within the seventy-day limitation. The Court of Appeals sustained the motion, evidently computing time from the date when the trial judge announced his decision, and dismissed the action on the sole ground stated.

Computing time from the date the decree of the court of common pleas was journalized, only sixty-three days had elapsed when the petition in error was filed.

Judgment of the Court of Appeals reversed and cause remanded to that court for further proceedings in accordance with this opinion.

(Marshall, CJ., Day, Allen, Kinkade, Robinson, Jones and Matthias, JJ., concur.)  