Bernhard v. Irwin

Ohio Court of Appeals

Bernhard v. Irwin

79 N.E.2d 787, 50 Ohio Law. Abs. 288, 1947 Ohio App. LEXIS 760

CourtOhio Court of Appeals

DecidedSeptember 12, 1947

DocketNo. 1885

StatusPublished

Cited by2 cases

This text of 79 N.E.2d 787 (Bernhard v. Irwin) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bernhard v. Irwin, 79 N.E.2d 787, 50 Ohio Law. Abs. 288, 1947 Ohio App. LEXIS 760 (Ohio Ct. App. 1947).

Pincite

Opinion

OPINION

By THE COURT:

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.

MILLER and HORNBECK, JJ, concur. WISEMAN, PJ, not participating.

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