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ECKART v. KROEGER

No. 4988.

111 Ohio App. 32 (1960)

ECKART ET AL., APPELLANTS, v. KROEGER, COUNTY RECORDER (RUFF, COUNTY RECORDER, SUBSTITUTED DEFENDANT), ET AL., APPELLEES.

Court of Appeals of Ohio, Summit County.

Decided March 16, 1960.

Attorney(s) appearing for the Case

Messrs. Amer, Cunningham & Schnur, for appellants.

Mr. John S. Ballard, prosecuting attorney, and Mr. Daniel B. Quillin, for appellee Roy Ruff, county recorder.

Messrs. Weick, Genovese & Schreiner, for appellees Joseph Poticny and Gilbert A. Hartz.

HUNSICKER, J.

This is an appeal on questions of law and fact from a judgment which struck from the files a petition that sought to enjoin the defendant county recorder from "receiving, filing, recording and certifying the transcript, petition and map" of the proposed village of Fairlawn, Summit County, Ohio. The petition was, by such judgment, dismissed. We must consider this as an appeal on questions of law only, since no bond was filed as required by Section 2505...

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