Ramsay v. Hart

Noggle, C. J., and Hollisteb, J., concurred.

In this case the plaintiff in error seeks to reverse the iudgmentof the court below: 1. Because the case was com*424menced and tried and judgment rendered as in an action at law, while the proofs showed, if they showed anything, that the case should have been brought in equity. 2. Because the proofs were insufficient to support even a decree in equity if the case had been commenced on that side of the court.

It is not necessary, in disposing of this ease, to pass upon any of these questions, yet we may be allowed to venture the opinion that there can be…