OETJEN v. GOFF-KIRBY CO., 140 Ohio St. 544 (1942)

45 N.E.2d 607

OETJEN, APPELLEE v. GOFF-KIRBY CO., APPELLANT. OETJEN, APPELLANT, v. GOFF-KIRBY CO., APPELLEE.

Nos. 29295 and 29322Supreme Court of Ohio.
Decided November 25, 1942.

Supreme Court — Dismissal — No debatable constitutional question involved — Injunction and money damages for nuisance — Appeal on law and fact — Right to trial de novo in equity case — Determination that appeal should be on questions of law only — No appeal from order — Judgment or final order — Section 6, Article IV, Constitution — Sections 12223-2, 12223-21 (2) and 12223-22 (2), General Code.

APPEAL from the Court of Appeals of Cuyahoga county.

Mr. Irwin Greene, for William H. Oetjen.

Mr. J.R. Kistner, for Goff-Kirby Company.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., TURNER, WILLIAMS, MATTHIAS, HART and ZIMMERMAN, JJ., concur.

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