In Re the Appeal in Joint County Ditch No. 1108-2

This cause is submitted to this court on the motion of Clay Davis, John M. Gramling and Edwin Gearig, appellees herein, to dismiss the appeal taken in this action from the judgment and decree of the Court of Common Pleas.

In their motion, the movants rely upon the following stated reasons for dismissing the appeal, to wit:

1. That the time and method for perfecting the appeal is governed by Sections 6477 and 6468, General Code, and not by Section 12223-3, General Code, and related sections.

2. That the Board of County Commissioners of Fulton county does not have legal capacity to appeal, and in…