Cuyahoga Circuit Court May 17, 1909 (Schawzenbash v. Assmus)

TAGGART, J.

This ease is in this court by appeal from the court of common pleas, and the first question that is presented is upon the motion of the plaintiff to dismiss the appeal herein for the reason that the case is not appealable under the statute.

It is contended on behalf of this motion that this is an action for the recovery of specific real property, and that under Sec. 5130 R. S. (See.