Bernhard v. Irwin
Bernhard v. Irwin
50 Ohio Law. Abs. 288; 79 N.E.2d 787; 1947 Ohio App. LEXIS 760
Bernhard v. Irwin
Opinion of the Court
OPINION
Submitted on motion of appellees to dismiss the appeal on questions of law and fact because the judgment appealed from was not entered in a chancery case.
The motion is well taken and will be sustained. The action below to remove an administrator is statutory: Sec. 10596-53 GG. The cause therefore proceeded in the trial court as at law. Nordin v Colton, 142 Oh St 277.
It is now determined that the cause may not be tried upon the facts and it will be held as an appeal on questions of law. A Bill of Exceptions having been filed in this court, no order is required with respect thereto.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.