Ohio Court of Appeals January 9, 1935, No 335 (State ex rel. Hall v. Fenner)

*702OPINION

By KUNKLE, J.

The case is in this court on appeal and not upon a proceeding in error. Is the case appealable?

This question has been determined in the negative by, not only different Courts of Appeal but also by the Supreme Court. Prior to the adoption of our present constitution it was definitely settled that an action in mandamus was appealable.