Newark Nat. Gas & Fuel Co. v. Newark (City)

Citations

• 35 Ohio C.C. Dec. 413
• 30 Ohio C.A. 362

Syllabus

<p>APPEAL</p> <p>1. Petition for Modification of Decree to Adhere to Gas Rates not Appealable.</p> <p>A petition for modification for a decree and finding by the court of appeals, provision for a modification should it be shown to _be necessary being found in the decree, is not an original and independent action, but rather an additional proceeding in the original action, and is not appealable.</p> <p>2. If Treated as Original Action not Appealable Being Action for Money Only.</p> <p>Moreover, if such a proceeding were to be treated as an original and independent action, then it would in the case at bar become an action for money and not a chancery case, and would not be appealable for that reason.</p>