FESS, J.
This is an appeal on questions of law, taken from two judgments of the Court of Common Pleas entered August 27, 1959, as follows:
"This day this cause came on to be heard upon the motion of the defendant, Edward Oliver Lamb, to strike plaintiff's petition from the files on the grounds that the said petition violates Section 2309.04 of the Revised Code of Ohio in that it is not in ordinary and concise language and is frivolous, vexatious and scurrilous...
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