Bennett v. Bennett

By the Court.

The original action in the Court of Common Pleas was not a “chancery case” and therefore appeal to the Court of Appeals on questions of law and fact did not lie. Marleau v. Marleau, 95 Ohio St., 162, 115 N. E., 1009, and Durham v. Durham, 104 Ohio St., 7, 135 N. E., 280.

Defendant, appellant in this court, contends that under Section 12223-22, General Code, the appeal on questions' of law and fact should not have been dismissed, but the appeal should have been heard upon questions of law; that under Section 12223-5, General Code, the Court of Appeals should have permitted an…