DocketNumber: 2009-1282
Citation Numbers: 2010 Ohio 2218, 126 Ohio St. 3d 1, 929 N.E.2d 1044
Judges: Lanzinger, Pfeifer, Stratton, O'Connor, Cupp, O'Donnell, Brown
Filed Date: 5/26/2010
Status: Precedential
Modified Date: 11/12/2024
concurring.
(¶ 13} I concur and would reverse the judgment of the court of appeals based on the holding in King v. Penn (1885), 43 Ohio St. 57, 61, 1 N.E. 84, which stands for the proposition that “[w]hen a paper is in good faith delivered to the proper officer to be filed, and by him received to be kept in its proper place in his office, it is ‘filed.’ The indorsement upon it by such officer of the fact and date of filing is but evidence of such filing.”