Schott v. Bank of Elmore Co.

This is the second appeal of appellants to this court on questions of law. At the first trial of the action in the Court of Common Pleas a demurrer to the petition, filed by the appellee bank, was sustained on the theory that the petition of the appellants did not state a cause of action, and judgment thereon was entered dismissing the petition. On appeal to this court, that judgment was reversed and the cause remanded to the Court of Common Pleas for further proceedings according- to law. Schott v. Bank of Elmore Co., 62 Ohio App., 67, 22 N. E. (2d), 996.

A retrial was had, resulting again in…