City of Dayton v. Swartzel

OPINION

By WISEMAN, J:

Submitted on motion of defendant-appellee to dismiss the appeal on six separate grounds. This is a criminal proceeding which originated in the Municipal Court of Dayton, where the defendant was found guilty of violating a health ordinance. An appeal was taken to the Court of Common Pleas of Montgomery County, Ohio, which reversed the judgment of the trial court. From that judgment an appeal was taken to this Court by the City of Dayton.

The first ground of the motion is that the notice of appeal is defective in that it does not state to what court the appeal is taken. The…