Second National Bank v. First National Bank
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242 U.S. 600 (1917)
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U.S. Supreme Court
Second National Bank v. First National Bank, 242 U.S. 600 (1917)
Second National Bank of Cincinnati, Ohio v.
First National Bank of Okeana, Ohio
Argued January 25, 1917
Decided February 5, 1917
242 U.S. 600
When the highest state court has refused to exercise its discretion to review a judgment of an intermediate appellate tribunal, it is to the latter that the writ of error under Judicial Code, § 237, should be directed. Stratton v. Stratton, 239 U. S. 55; Valley Steamship Co. v. Wattawa, 241 U.S. 642.
The Ohio court of appeals affirmed a judgment of the Superior Court of Cincinnati, upon the record coming from the latter, and ordered that a special mandate be sent to that court "to carry this judgment into effect," without directing it to enter any judgment of its own. Held that the writ of error under § 237 should have been directed to the court of appeals, and not to the superior court.
The case is stated in the opinion.