Roush v. Barthalow

Ohio Court of Appeals

Roush v. Barthalow

104 N.E.2d 697, 61 Ohio Law. Abs. 428, 1951 Ohio App. LEXIS 808

CourtOhio Court of Appeals

DecidedOctober 19, 1951

DocketNo. 4592

StatusPublished

Cited by2 cases

This text of 104 N.E.2d 697 (Roush v. Barthalow) 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

Roush v. Barthalow, 104 N.E.2d 697, 61 Ohio Law. Abs. 428, 1951 Ohio App. LEXIS 808 (Ohio Ct. App. 1951).

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Opinion

OPINION

By THE COURT.

This is a law and fact appeal submitted upon the record made in the Court of Common Pleas. The appellants are seeking an order enjoining the appellees from proceeding further in the matter of annexing certain territory to the City of Columbus, which has had the approval of the County Commissioners of Franklin County. Our finding of facts and conclusions of law are in accordance with those of Judge Rutherford who, in a well-considered opinion, discusses all of the legal questions presented here, finding,

1. That the proceedings before the County Commissioners were in conformance with the statutory requirement.

2. That the appellants failed to establish themselves to be parties in interest.

3. That even though their interest were established, the evidence does not disclose that as to them the annexation to [429]*429Columbus would not have been right, just and equitable. Judgment will be rendered for the defendants.

HORNBECK, PJ, WISEMAN and MILLER, JJ, concur.

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OPINION

By THE COURT.

This is a law and fact appeal submitted upon the record made in the Court of Common Pleas. The appellants are seeking an order enjoining the appellees from proceeding further in the matter of annexing certain territory to the City of Columbus, which has had the approval of the County Commissioners of Franklin County. Our finding of facts and conclusions of law are in accordance with those of Judge Rutherford who, in a well-considered opinion, discusses all of the legal questions presented here, finding,

1. That the proceedings before the County Commissioners were in conformance with the statutory requirement.

2. That the appellants failed to establish themselves to be parties in interest.

3. That even though their interest were established, the evidence does not disclose that as to them the annexation to [429]*429Columbus would not have been right, just and equitable. Judgment will be rendered for the defendants.

HORNBECK, PJ, WISEMAN and MILLER, JJ, concur.

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Bluebook (online)

104 N.E.2d 697, 61 Ohio Law. Abs. 428, 1951 Ohio App. LEXIS 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roush-v-barthalow-ohioctapp-1951.

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