Brown v. Brown

OPINION

BY THE COURT

Submitted on motion of plaintiff to dismiss the appeal.

Two grounds: First, cause not appeal-able; second, no final order or judgment has been rendered in the Common Pleas Court.

Considering the questions presented in reverse order, we are satisfied that the award of the custody of a minor child upon final hearing of the cause on its merits is a final order from which error may be prosecuted.

That this cause is not appealable is no longer an open question in Ohio. West v West, 100 Oh St, 33, is decisive against the claim of the plaintiff herein. This case went to the Supreme…