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CONNELLY v. BALKWILL

No. 33473.

160 Ohio St. 430 (1954)

CONNELLY, TRUSTEE, ET AL., APPELLANTS, v. BALKWILL ET AL., APPELLEES.

Supreme Court of Ohio.

Decided January 13, 1954.

Attorney(s) appearing for the Case

Messrs. Spieth, Spring & Bell, Messrs. Blakely & Blakely and Mr. John H. Ritter, for appellants.

Messrs. Baker, Hostetler & Patterson and Messrs. Baker & Baker, for appellees.

MIDDLETON, J.

The sole question presented in this appeal is whether the judgment of the Court of Common Pleas was appealable to the Court of Appeals on questions of law and fact. Appeal to this court was prosecuted immediately upon the dismissal by the Court of Appeals of the appeal as on questions of law and fact. Consequently, the Court of Appeals did not consider or pass upon either the merits of the controversy or...

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