CITY OF CINCINNATI v. ROST

Nos. 7578 and 7580.

92 Ohio App. 8 (1952)

CITY OF CINCINNATI, APPELLANT, v. ROST ET AL., APPELLEES. REITZ ET AL., APPELLANTS, v. MORR ET AL., COUNTY COMMRS., APPELLEES.

Court of Appeals of Ohio, Hamilton County.

Decided April 14, 1952.


Attorney(s) appearing for the Case

Mr. Henry M. Bruestle, city solicitor, and Mr. Edward F. Alexander, for appellant city of Cincinnati.

Messrs. LeRoux & Weber, for appellants Howard Reitz and Steve G. Budai.

Mr. C. Watson Hover, prosecuting attorney, and Mr. William J. Schmid, for appellees county commissioners.


MATTHEWS, J.

In each of these cases, the court sustained a demurrer to the petition and rendered judgment dismissing the action. The appeals on questions of law are from those judgments.

In case No. 7578, the plaintiff sets forth in its amended petition that Sections 3518 to 3525, inclusive, General Code, provide the only lawful constitutional method whereby a village may be incorporated, and in great detail sets forth the proceedings necessary to be taken...

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