City of Middletown v. City Commission

The judgment of the Court of Appeals would have been reversed for dismissing H. O. Miller and The Cincinnati Gas & Electric Company were it not for the fact that they were made parties in the Common Pleas Court, were allowed to appear as amici curiae in the Court of Appeals, and have been recognized as parties in this court. .They have had the opportunity to present their evidence and arguments and to appeal this cause to both the Court of Appeals and this court. Therefore, no prejudice has resulted to them. Section 11364, General Code.

However, as it was necessary for this court to pass upon…