JAFFRIN v. EGIDIO

No. 31776.

152 Ohio St. 359 (1949)

JAFFRIN, APPELLANT, v. DI EGIDIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 14, 1949.


Attorney(s) appearing for the Case

Mr. S. L. Summers, Mr. William J. Smith and Mr. Frank Leonetti, for appellant.

Mr. George Kerr, for appellees.


TURNER, J.

While a large record was filed in this case there is but one question before us and that is: Did the Court of Appeals err in sustaining the motion to dismiss the appeal?

Section 11421-4, General Code, reads as follows:

"Parties to a question which might be the subject of a civil action, on filing an affidavit that the controversy is real and the proceeding in good faith to determine their rights...

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