
    No. 415
    CICCHINO v. FERRANDO
    Ohio Appeals, 8th Dist., Cuyahoga Co.
    No. 6346.
    Decided April 26, 1926
    677. JUDGMENTS — Order, after term, to vacate, not subject to appeál, but only to review on error. ’
    Attorneys — Jacobson and Jacobson for Cicchino; Nicola and Horn, and Gaug’han & Collins for Ferrando; all of Cleveland.
   LEVINE, P. J.

Carmine Cicchino brought this action in term, a judgment rendered, and to enjoin its collection. After full hearing the court vacated the judgment and granted the injunction. Ferrando appealed and the Court of Appeals held:

1. The question is raised in this court whether or not an action of this nature is appealable.

2. This is not an ordinary civil" action, but a special proceeding under 11631 GC.

3. The Supreme Court has held in a number of decisions that actions under that statute are not subject to appeal but only to review on error. (9 App. 419). Appeal therefore dismissed.  