United Excavating Co. v. Sandusky

This case was heard as an appeal on law only (as reduced from an appeal on law and fact) from a final order of the Court of Common Pleas, Mahoning County, dismissing defendant-appellant’s appeal from County Court, District No. *1892, Mahoning County. The procedure taken throughout all stages of the action is so confused that it appears necessary to detail the steps chronologically.

A. In County Court:—

1. February 15,1961 — petition filed by plaintiff-appellee for money only for excavating on which summons was issued and returned.

2. February 23, 1961 — answer filed by defendant setting up another…