
    No. 831
    HAYES v. HAYES
    No. 19964.
    Supreme Court
    On motion to certify.
    Dock. July 10, 1926;
    4 Abs. 475.
    85. APPEAL AND ERROR — Does the 70 day limitation as provided in 12270 GC. for the filing of error proceedings run from the date in which the court orally announces its decree or from the date the judgment entry is approved and filed?
    Attorneys — W. Kern and E. W. Dissette for Pltf; Clark & Costello, for Deft.; all of Cleveland.
   This action was brought originally by Egbert D. Hayes versus George H. Hayes for divorce and alimony and on December 11, 1925, by oral announcement the court granted a decree. A motion for a new trial was overruled no December 15, 1925, and the judgment entry filed February 26, 1926. The petition in error was filed on April 30, 1926.

The Court of Appeals dismissed the petition in error because it was not filed within the 70 day period.

George Hayes in the Supreme Court contends: that the 70 day period does not begin to run until the entry of the decree is approved and filed.  