Cicchino v. Ferrando

Ohio Court of Appeals

Cicchino v. Ferrando

4 Ohio Law. Abs. 324, 1926 Ohio Misc. LEXIS 915

Ohio Court of Appeals·Decided April 26, 1926·No. No. 6346·Published

Opinion

LEVINE, P. J.

Carmine Cicchino brought this action in term, a judgment rendered, and to enjoin its collection. After full hearing the court vacated the judgment and granted the injunction. Ferrando appealed and the Court of Appeals held:

1. The question is raised in this court whether or not an action of this nature is appealable.

2. This is not an ordinary civil" action, but a special proceeding under 11631 GC.

3. The Supreme Court has held in a number of decisions that actions under that statute are not subject to appeal but only to review on error. (9 App. 419). Appeal therefore dismissed.

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LEVINE, P. J.

Carmine Cicchino brought this action in term, a judgment rendered, and to enjoin its collection. After full hearing the court vacated the judgment and granted the injunction. Ferrando appealed and the Court of Appeals held:

1. The question is raised in this court whether or not an action of this nature is appealable.

2. This is not an ordinary civil" action, but a special proceeding under 11631 GC.

3. The Supreme Court has held in a number of decisions that actions under that statute are not subject to appeal but only to review on error. (9 App. 419). Appeal therefore dismissed.

Cicchino v. Ferrando, 4 Ohio Law. Abs. 324, 1926 Ohio Misc. LEXIS 915 (Ohio Ct. App. 1926).

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Opinion

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