HUMPHRYS v. PUTNAM

No. 36797.

172 Ohio St. 456 (1961)

HUMPHRYS, APPELLANT, v. PUTNAM ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 29, 1961.


Attorney(s) appearing for the Case

Messrs. Thompson, Hine & Flory, Mr. William G. Batchelder, Mr. H. Walter Stewart and Mr. William H. Wallace, for appellant.

Messrs. Trenkamp & Bovington, for appellees.


MATTHIAS, J.

The question which we must consider is whether there is a final order of the Court of Appeals from which an appeal can be taken.

In other words, is an order of the Court of Appeals dismissing an appeal as one on questions of law and fact but retaining such appeal as one on questions of law, pursuant to Section 2505.23, Revised Code, a final appealable order?

To determine this question we must consider the fundamental principles of appellate...

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