City of Cincinnati v. Smythe

OPINION

By ROSS, J.

Appeal on questions of law from a judgment of the Court of Common Pleas of Hamilton County, Ohio.

The immediate proceeding under review was instituted to vacate a judgment and order of distribution to a condemnation proceeding.

The ancestor of the appellant minors was a party to such condemnation proceeding, but died before verdict was rendered therein. No revivor was taken as to these appellant minors, who were heirs of M. O. Mashburn, party to the condemnation proceedings. The judgment is voidable as to such minors and may be vacated. 1 Ohio Jur., p. 77, 78.

However, as the…