Kirk v. Lindsey

*507OPINION

By HORNBECK, J.

We have been favored by the opinions of Judge Snediker in sustaining the supplemental motion to dismiss and upon the application for rehearing filed by plaintiff in error. The judge predicated his determination upon the one proposition that plaintiff in error had misconceived his proceeding on review and that the cause was not appealable.

It is probable that this was the only question that was properly before the court, inasmuch as another branch of the Common Pleas Court had theretofore passed upon all grounds of the supplemental motion, save that which urged the…