Fischer v. Damm

The parties appear in this court in the same relative position which they occupied in the trial court.

Error proceedings are prosecuted seeking a reversal of the judgment of the common pleas court, which, at the conclusion of the opening statements of counsel for the plaintiff, Peter Fischer, dismissed the action and entered judgment for the defendants, Adam Damm and others.

Plaintiff’s petition alleges that the defendants diverted and illegally transferred from the division of light and power to the general fund of the city of Cleveland the sum of $563,269.71, contrary to the provisions of the…