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Ohio Circuit Courts, 1909

In re Hartford Street

In re Hartford Street
Ohio Circuit Courts · Decided January 25, 1909 · Henry, Marvin, Metcalf, Place, Seventh, Winch
21 Ohio C.C. Dec. 123

Counsel

J. A. Fenner, for plaintiffs., N. D. Baker, city solicitor, for defendant, city of Cleveland.

In re Hartford Street

Opinion of the Court

WINCH, J.

In this ease we hold that a proceeding brought under favor of Secs. 2655 to 2657 (Lan. 3940 to 3942; B. 1536-148 to 1536-150) Rev. Stat., for the vacation of a street is a special proceeding, as distinguished from a, civil action, and so is not appealable to the circuit court under Sec. 5226 Rev. Stat.

So holding, the appeal is dismissed for want of jurisdiction.

Marvin and Metcalf, JJ., concur.

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