State ex Lozier v. Deibel

The motion of the defendants in error to dismiss the proceedings in this court, for the reason that' error proceedings cannot be prosecuted from a judgment in a chancery case, is overruled. And likewise the motion to dismiss, on the ground that there was no final judgment in the Court of Common Pleas, is overruled.

It is contended that the county auditor failed to certify that the money estimated necessary for said contract was in the treasury and not appropriated for any other-purpose, as required by §5625-33 GC.

The record discloses that the commissioners advertised for bids, and on April 4,…