Maloney v. Dayton Osteopathic Hospital

This case is before us upon a motion of the defendants, appellees herein, to dismiss the appeal.

Plaintiff, appellant herein, has appealed on questions of law from an order of the Court of Common Pleas sustaining a motion to strike certain portions of the petition and from an order of that court overruling a motion of plaintiff to modify a former order granting defendants leave to file the motion to strike after answer day when defendant was already in default.

No judgment has been entered and no order made other than those appealed from.

The present motion of defendant to dismiss the appeal is…