W. J. Donnelly Co. v. Fidelity & Casualty Co.

Funk, J.,

concurring in judgment, but dissenting as to the reasons given therefor and to the syllabus.

I concur in the judgment upon grounds different from those set forth in the majority opinion, and dissent thereto for the reasons hereinafter stated.

The question at issue in this case is whether or not the allegations in the petition are sufficient to state a good cause of action as against a general demurrer.

It is conceded by counsel on both sides that there is no provision in the Lorain municipal court act authorizing ' an appeal from that court, and that hence there is no right of appeal,…