-
*394 OPINIONBy KLINGER, PJ. In the opinion of this court the overruling of a plea in abatement is not a final order under this section of the statutes. §13459-1 GC; §11582 GC.
See: 12 Ohio Jurisprudence, 741.
Wagner v State, 42 Oh St, 537.
Inskeep v State, 35 Oh St 482.
Inskeep v State, 36 Oh St 145.
Bogart v State, 9 Abs, 436.
This court, sitting in Wood County, in the case of State v James, held that a motion overruling a plea in abatement was not a final order from which error could be prosecuted and the note in the Bogart case in 9 Abs, refers to this ruling by this court.
The appeal and petition in error will be dismissed at the cost of the appellants.
CROW and GUERNSEY, JJ, concur.
Document Info
Docket Number: No 15395
Citation Numbers: 21 Ohio Law. Abs. 393
Judges: Crow, Guernsey, Klinger
Filed Date: 4/13/1936
Precedential Status: Precedential
Modified Date: 7/20/2022