Beach v. Union Gas & Electric Co.

OPINION

By HAMILTON, J.

Plaintiff, the plaintiff in error here, claims that the action was commenced by filing the appeal and by filing the petition in the Court of Common Pleas; that the same is a mere appeal to a new tribunal of an existing controversy or proceeding, to which the court may permit the making of new parties defendant necessary for a proper determination of the action.

The claim of The Union Gas & Electric Company, defendant in error, is that to commence the action, the petition must be filed within the 60 days, making it the party defendant under the facts in the case; and that…