Ohio Court of Appeals, 1926

Cicchino v. Ferrando

Cicchino v. Ferrando
Ohio Court of Appeals · Decided April 26, 1926 · Levine
4 Ohio Law. Abs. 324; 1926 Ohio Misc. LEXIS 915

Cicchino v. Ferrando

Opinion of the Court

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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