IN RE APPROPRIATION

No. 35606.

168 Ohio St. 517 (1959)

IN RE APPROPRIATION FOR HIGHWAY PURPOSES: DIRECTOR OF HIGHWAYS, APPELLEE, v. LONG ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided February 25, 1959.


Attorney(s) appearing for the Case

Mr. William Saxbe and Mr. Mark McElroy, attorneys general, Hr. Hugh E. Kirkwood, Jr., and Mr. Dwight E. Walter, for appellee.

Mr. A. L. Limbach and Mr. C. P. Hoffman, for appellants.


WEYGANDT, C. J.

The appellants' first complaint is that the proceeding in the trial court was not commenced properly at the time the motion to dismiss the appeal was filed, inasmuch as one of the named defendants had not been served with process.

It is agreed that Blanche Long had been deceased since April 29, 1952, and, before ruling on the motion to dismiss, the court found that she had no interest whatsoever in the property. Hence, this contention is without...

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