Henry H. Stambaugh Auditorium Ass'n v. City of Youngstown

The defendant, the • city of Youngstown, perfected an appeal from the Court of Common Pleas of Trumbull county, and the notice of appeal recites that it is on questions of law and fact. However, it filed in this court an assignment of errors, with a prayer for a reversal of the judgment of the Court of Common Pleas, thereby apparently abandon- • ing the appeal on questions of law and fact. Thereafter the appellees filed in this court a motion that this action be- retained as an appeal on questions of law only, for the reason that it is not a chancery action. The appellant, apparently…