Opinion
No. 26065
Decided December 9, 1936.
Mandamus — Verdict and judgment for plaintiff affirmed by Court of Appeals — Record certified to Supreme Court by two judges of Court of Appeals — Supreme Court reversed and entered final judgment — Mandamus to compel Common Pleas Court Clerk to issue execution on reversed judgment — Jurisdiction of Supreme Court of record certified after Court of Appeals entered judgment — Supplementing written release by parol evidence.
IN MANDAMUS.
Mr. Matthew L. Bigger, for relator.
Mr. Donald J. Hoskins, prosecuting attorney, and Messrs. Wilson Rector, for respondents.
It is ordered and adjudged by this court, that the demurrer to said petition be, and the same is hereby, sustained on authority of Cleveland, Cincinnati, Chicago St. Louis Ry. Co. v. Green, 126 Ohio St. 512, 186 N.E. 365.
Demurrer sustained and writ denied.
WEYGANDT, C.J., STEPHENSON, WILLIAMS, JONES, MATTHIAS, DAY and ZIMMERMAN, JJ., concur.