Deaconess Hospital v. Leutz

ROSS, PJ.

Such a pleading states a case in chanc-ry, and the entire cause is appealable.

In the case of Gill et v Pelkey et, 54 Oh St, 348, at pages 360 and 361 of the opinion, it is stated:

“The learned Judge who delivered the opinion of the court in Smith v Anderson, 20 Oh St, 76, seems to have thought that in an action to recover specific real property, an issue arising upon an equitable cross-demand set forth in an answer, was triable by a jury as of right and not appealable; but the syllabus stops short of that, and places the decision on the ground that the answer set forth a defense and…