Habeker v. Houck

*60OPINION

By BARNES, J.

While the action is not appealable, as clearly decided by the Supreme Court in Investment Company v Haass, 110 Oh St, 188, but no objection was interposed and Under a. rather recent decision of our Court of last resort unless the right of appeal is challenged before trial and judgment, it is waived. The Trumbull Savings & Loan Co. v Saviers et, 115 Oh St, 403.

In the case of State ex v Prestien, 93 Oh St, 423-437, it is stated that the Court of Appeals may sua sponte dismiss because not appealable. ■

It is the general practice for the reviewing court to determine the case on…