Allen v. Hostetter

Allen and others presented to the board of commissioners their petition, ashing that steps might be taken preliminary to the formation of a new 'county, part of the territory of which should be detached from Montgomery.

The board dismissed the application, on the ground that the act was unconstitutional. ' Prom that decision an appeal was taken to the Common Pleas Court, which appeal was dismissed, on the ground that from the decision of the board no appeal would lie. <

This ruling presents the first question. On the one hand, it is insisted that an appeal lies, as in civil cases, and that…