Fountain, Recr. v. Pierce

The sole question for determination is whether the Court of Appeals erred in dismissing the appeal of plaintiff in error for the reason that he was not a party to the instant case, to wit, ease No. 99027 in the court of common pleas of Franklin county.

In considering the motion to dismiss the Court of Appeals had before it only a transcript of the docket and journal entries and the original papers filed in case No. 99027. There was no record presented to the Court of Appeals that Franklin M. Fountain, had ever been appointed receiver for the International Telephone Company, or that he had been…