City of Euclid v. Vogelin

In support of the judgment of affirmance of the Court of Appeals, defendant claims that that court erred in overruling defendant’s motion to strike those of the city’s assigned errors directed solely to the orders of April 15, 1948, and May 12, 1948, and in entertaining an appeal by the city from those orders, when no notice of appeal was filed by the city within 20 days after the entry of either of such orders.

Defendant’s position is that the order of April 15, 1948, was a final order and that the city’s motion of May 12, 1948, recognized it as such; and that, since no appeal was taken from…