
    APPEAL.
    [Hamilton (1st) Circuit Court,
    January 21, 1905.]
    Giffen, Jelke and Swing, JJ.
    
      Elizabeth Eichert, Exrx. v. Elizabeth Eichert, Widow, et al.
    1. OBDEB BOB DISTRIBUTION OP FUND IN RECEIVERS.
    An order for distribution of a fund in an equity case is a final order in which parties affected nave no right to a trial by jury and is appealable.
    .2. Notice oe Appeal Appended to Order bob Distribution, Sufficient.
    A notice of appeal, appended to an order for distribution by a receiver, is properly given.
    MotioN to dismiss appeal.
    Tafel & Schott and Frederick Hertenstein, for the motion.
    F. S. Starkey and J. <3. Hudson, contra.
    
      
      For other decisions relating to this receivership, see post, 825; Eichert v. Eichert, 28 O. C. C. 795 (8 N. S. 526).
    
   PER CURIAM.

The order appealed from related to the distribution of the fund in n,n equity case, and was a final order in a civil action in which the parties affected thereby had not the right to demand a trial by a jury. Spence v. Basey, 34 Ohio St. 42.

The original action was commenced June 26, 1897; the order complained of was made March 31, 1904, to which was appended notice o£ appeal. The notice was therefore properly given in the mode prescribed by the statute in force at the commencement of the original action. Charles v. Fawley, 71 Ohio St. 50 [72 N. E. Rep. 294].

Motion to dismiss appeal overruled.  