Connelly v. Balkwill

The sole question presented in this appeal is whether the judgment of the Court of Common Pleas was appealable to the Court of Appeals on *437questions of law and fact. Appeal to this court was prosecuted immediately upon the dismissal by the Court of Appeals of the appeal as on questions of law and fact. Consequently, the Court of Appeals did not consider or pass upon either the merits of the controversy or any claimed errors of law.

The plaintiffs urge that the primary or paramount relief sought is equitable and that, therefore, the Court of Appeals should have, entertained the appeal on…