Nichols v. Cleveland (City)

Upon the hearing of this cause, the court, sua sponte, raised the question of its appealability. That an appellate court will of its own motion dismiss an appeal for want of jurisdiction, when it is discovered before trial and judgment that the cause is not appealable, was held in Jordan v. Jordan, 4 Circ. Dec. 290 (8 R. 431) see, also, Hulbert v. Mason, 29 Ohio St. 562, 565.

*254This action was commenced in the court of common pleas to enjoin the further prosecution of an appropriation proceeding in the probate court, upon the ground that the resolution to appropriate, on which the city assumes…