Planson, Exr. v. Scott, Admr.

This cause comes into this court on appeal from the court of common pleas. After the cause was tried and submitted upon the evidence, the plaintiff filed a motion to dismiss the appeal. We are disposed to treat the motion as coming too late, and the right to have the cause dismissed for want of appealability, if it exists, to have been waived by going to trial without objection. Drake v. Tucker, 83 Ohio St., 97, 93 N. E., 534; Trumbull Sav. & Loan Co. v. Saviers, 115 Ohio St., 403. The power of the court to dismiss an appeal because the cause is not appealable exists so long as it retains…