BROUGHTON v. FLYING SERVICE, INC.

Nos. 8190 and 8195.

104 Ohio App. 479 (1957)

BROUGHTON, APPELLANT, v. MT. HEALTHY FLYING SERVICE, INC., ET AL., APPELLEES. COLERAIN & SPRINGDALE, INC., APPELLANT, v. BROUGHTON ET AL., APPELLEES.

Court of Appeals of Ohio, Hamilton County.

Decided March 4, 1957.


Attorney(s) appearing for the Case

Mr. Allen Brown and Mr. Ewing O. Cossaboom, for appellant in cause No. 8190.

Mr. Burney Walker, for appellant in cause No. 8195.

Mr. Nicholas Bauer, Mr. Robert C. Martin and Mr. Bryam E. Moore, for appellees in cause No. 8190.

Mr. Nicholas Bauer, Mr. Robert C. Martin, Mr. Bryam E. Moore and Mr. C. Watson Hover, prosecuting attorney, for appellees in cause No. 8195.


MATTHEWS, J.

This action was commenced by the filing of a petition for the foreclosure of a mortgage and marshaling of liens. There were seven persons named as defendants, as having, or claiming interests in the described real estate. On March 8, 1955, the plaintiff dismissed his action, without prejudice. In the meantime, however, two of the defendants, Bite-D-Lite, Inc., and Colerain & Springdale, Inc., had filed...

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