199 N.E.2d 10
No. 38035Supreme Court of Ohio.
Decided May 13, 1964.
Bill of exceptions — Mandamus to require trial judge to allow and sign, denied — Document filed not true bill of exceptions.
APPEAL from the Court of Appeals for Madison County.
By this mandamus proceeding originating in the Court of Appeals, relator seeks a writ requiring the respondent Common Pleas Court judge to approve, settle, allow and sign or to correct and sign a tendered purported bill of exceptions. The cause was presented on respondent’s motion for a summary judgment. The court sustained the motion.
An appeal as of right brings the cause to this court for review.
Mr. J. Harvey Crow, in propria persona.
Mr. James B. Patterson, Jr., prosecuting attorney, for appellee.
Per Curiam.
There is no bill of exceptions to show what was before the Court of Appeals when it granted the motion for summary judgment.
The judgment of the Court of Appeals is affirmed on authority of Smith v. Diamond Milk Products, Inc., 176 Ohio St. 143.
Judgment affirmed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O’NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.
Page 232