Ohio Motors, Inc. v. Charlesworth, Exrx.

OPINION

By FESS, J.:

This is an appeal from an order of the common pleas court dismissing appellants' appeal on questions of law and fact from a judgment entered by the Probate Court on the ground that the common pleas court did not have jurisdiction of the appeal because a record was taken of the proceedings in the Probate Court.

The motion to dismiss the appeal was heard upon evidence and the order dismissing the appeal was journalized on November 29, 1949. On December 6, 1949, defendants-appellants filed a motion for new trial which was overruled January 6, 1950. Notice of appeal to this…