State Ex Rel. England v. Trustees of Franklin Twp.

This appeal on questions of law is from a judgment of the Common Pleas Court refusing to grant a writ of mandamus for which the relator prayed and dismissing the petition at the relator’s costs.

We are confronted at the outset with a motion by the respondents to dismiss the appeal for the reason that the same was not properly perfected. To this question we shall first address our attention.

The complaint is that the notice of appeal referred to the order overruling the motion for a new trial which was not a final order, rather than to the judgment of the court on trial of the case. The…