Byrkett v. Curtis

Ohio Court of Appeals

Byrkett v. Curtis

115 N.E.2d 32, 94 Ohio App. 292, 51 Ohio Op. 433, 1953 Ohio App. LEXIS 755

CourtOhio Court of Appeals

DecidedMarch 27, 1953

Docket475

StatusPublished

Cited by1 cases

This text of 115 N.E.2d 32 (Byrkett v. Curtis) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Byrkett v. Curtis, 115 N.E.2d 32, 94 Ohio App. 292, 51 Ohio Op. 433, 1953 Ohio App. LEXIS 755 (Ohio Ct. App. 1953).

Pincite

Opinion

Per Curiam.

This cause is now before this court on motion of plaintiff, appellee, to dismiss the appeal on the ground that the order appealed from is not a final order.

The action is one for partition. After judgment the defendant, appellant, filed a motion to set aside the order of partition, the writ of partition, the election to take at the appraised value, and the commissioner’s report. After hearing, the motion was overruled. From the order overruling the motion this appeal was taken.

An order overruling a motion to vacate a judgment has always been held to be a final order. 2 Ohio Jurisprudence, 225, 226, Section 110, and cases cited.

Motion to dismiss overruled.

Motion overruled.

Wiseman, P. J., Hornbeck and Miller, JJ., concur.

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