
    No. 341
    ROCCA v. ROSENSTIEL
    Ohio Appeals, 1st Dist., Hamilton Co.
    No. 2704.
    Decided Dec. 28, 1925
    327. COURTS — Leave of court not required in filing petition in error from Municipal Court of Cincinnati in forcible entry and detainer action.
    Attorneys — T. V. Maxedon for Rocca; Simeon M. Johnson for Rosenstiel; both of Cincinnati.
   BUCHWALTER, P. J.

This action arose in the Cincinnati Municipal Court, G. W. Rosenstiel filing a suit in forcible entry and detainer against Anna Rocca.

Judgment was rendered for Rosenstiel. Rocca filed a petition in error in the Hamilton Common Pleas, which was struck from the files on the ground that same was not filed by leave of court. Court of Appeals held:

1. Municipal court of Cincinnati given jurisdiction in forcible entry and detainer cases by 1558-6 GC.
2. Sec. 1558-26 providing for appeal from judgment of the Cincinnati Municipal Court does not require leave of court to file a petition in error.

Judgment of Common Pleas reversed, with instructions to reinstate cause.  