Ohio Court of Appeals February 14, 1947, No. 3937 (Minkin v. Schwartz)

*111OPINION

By THE COURT:

This is an appeal on questions of law submitted only upon the pleadings and a transcript of the docket and journal entries, a motion to strike the bill of exceptions from the files having been sustained by this Court on November 5,-1946, for failure to file same within forty days after the overruling of the motion for a new trial as required by §11564 GC.