Board Of Commissioners Of Greene County v. Harshman

Decision Date22 June 1920
Docket Number18490
Citation101 Ohio St. 529,130 N.E. 935
PartiesThe Board Of Commissioners Of Greene County v. Harshman
CourtOhio Supreme Court

Error proceedings - Supreme court -Final order by court of appeals - Contempt proceedings.

Mr. Harry D. Smith, prosecuting attorney, and Mr. M. J. Hartley, for plaintiff in error.

Mr. Marcus Shoup, for defendant in error.

The court find that no final order has been made or entered by the court of appeals from which the plaintiff in error can prosecute this proceeding in error. The cause was heard in the court of appeals upon an information or complaint in con- tempt against the board of county commissioners for failure and refusal to comply with a former decree of said court of appeals which was rendered March 23, 1918, as a result whereof the court of appeals modified and reaffirmed such former order and decree and required that it be complied with by the date therein designated. If this proceeding in error is from the order and decree of March 23, 1918, it comes too late; if it is from the order and decree of December 17, 1919, it is premature, for as yet there has been no judgment of contempt by that court for refusal of the commissioners to obey and execute the order and decree previously made and entered by the court of appeals. It is therefore ordered that the petition in error be, and the same hereby is, dismissed.

Petition in error dismissed. NICHOLS, C. J., JONES, MATTHIAS, JOHNSON, WANANAKER, ROBINSON and MERRELL, JJ., concur.

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8 cases
  • Madden v. Madden
    • United States
    • Wyoming Supreme Court
    • January 14, 1977
    ...609, 261 P.2d 643 (1953); Willis v. Duke Power Company, 26 N.C.App. 598, 216 S.E.2d 732 (1975); Board of Commissioners of Greene County v. Harshman, 101 Ohio St. 529, 130 N.E. 935 (1920); Pellegrino v. Pellegrino, Ohio App., 36 N.E.2d 3 (1936); Cedar Valley Civic Association v. Schnabel, Pa......
  • Furnishings and Equipment for Judge, Courtroom and Personnel for Courtroom Two, In re
    • United States
    • Ohio Supreme Court
    • June 17, 1981
    ...proceedings. (State, ex rel. Edwards, v. Murray, 48 Ohio St.2d 303, 358 N.E.2d 577, explained and followed; Bd. of Commrs. v. Harshman, 101 Ohio St. 529, 130 N.E. 935, approved and On November 30, 1979, appellant, Judge Donald D. Simmons of the Court of Common Pleas of Wood County, entered ......
  • In Re: Furnishings and Equipment for the Judge, Court Room and Personnel of Court Room Two. C.A., 81-LW-1631
    • United States
    • Ohio Court of Appeals
    • July 2, 1981
    ... ... is an appeal by the Wood County Auditor (Appellant) from an ... order issued April 7, ... between appellee and the Board of County Commissioners of ... Wood County which ... 2d 303; ... The Board of Commissioners of Greene County v. Harshman ... (1920), 101 Ohio St. 529 ... ...
  • Charlotte Jackson v. Leroy Williams, 94-LW-0143
    • United States
    • Ohio Court of Appeals
    • December 8, 1994
    ...and did not impose a penalty or sanction, the adjudication of contempt never became a final appealable order. See Commissioners v. Harshman (1920) 101 Ohio St. 529. As such, this court lacks jurisdiction to appellant's appeal pursuant to R.C. 2505.02. III. SECOND ASSIGNMENT OF ERROR The app......
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