City of Cincinnati v. Glassmeyer

This matter comes before us upon motion by defendant, appellees herein, for dismissal of the appeal on the ground that it is taken from an order made more than forty days prior to the filing of the notice of appeal.

From the record it appears that on December 21, 1966, the city of Cincinnati filed its petition in an action for appropriation of real estate owned by Elizabeth F. and. Elmer J. Glassmeyer. The return by the sheriff indicates that the owners were served by his leaving “a true copy of this writ with all the endorsements thereon at their usual place of residence.”

On January 31, 1967,…