Kiriakis v. Fountas

The controlling question to be determined herein is whether or not the Court of Appeals erred in dismissing the appeal from the court of common pleas, on the ground that the case was not appealable by reason of the fact that there was no transcript of the evidence nor bill of exceptions taken before the referee on file in the appellate court.

Two major points arise in the consideration of this question: The first is whether the present action is a chancery case and in its nature appeal-able. The second is whether an action loses its chancery nature by reason of a rule of the Court of Appeals…