IRON & METAL CO. v. CITY OF DAYTON

No. 2578.

112 Ohio App. 319 (1960)

DUBERSTEIN IRON & METAL CO., APPELLEE, v. CITY OF DAYTON, APPELLANT.

Court of Appeals of Ohio, Montgomery County.

Decided April 27, 1960.


Attorney(s) appearing for the Case

Messrs. Kusworm & Kusworm, for appellee.

Mr. Herbert S. Beane, city attorney, and Mr. Joseph P. Duffy, for appellant.


WISEMAN, P. J.

This cause is submitted on motion of the appellee for an order dismissing the appeal on law and fact and retaining it as an appeal on questions of law only.

Essentially, the action is one in which the primary and paramount relief sought is a declaratory judgment. All other relief is ancillary in nature.

Whether an appeal may be taken on questions of law and fact is now controlled by Section 2501.02, Revised Code, as amended effective...

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