Hagerman v. City of Dayton

This case was appealed to the Court of Appeals on questions of law and fact. No motion was filed in that court to challenge the jurisdiction of that court to entertain the cause upon such appeal.

Under the authorities cited in the per curiam opinion inTrumbull Savings Loan Co. v. Saviers, 115 Ohio St. 403,154 N.E. 317, the Court of Appeals had jurisdiction to proceed.

The Chief Justice, Judge Bell and the writer are of the opinion that as the instant case was not a chancery case and as the parties had no power to confer jurisdiction upon the Court of Appeals, that court should have retained and…