J. P. Loomis Coal & Supply Co. v. Garchev

The controlling question in this case is as to the nature of the action. Plaintiff in error contends that the action does not constitute a chancery case, and hence that the Court of Appeals had no jurisdiction of the cause on appeal. This question is to be determined from the pleadings and from the issue made thereby. Hummer v. Parsons, 111 Ohio St., 595, 146 N. E., 62; Wall v. Dayton Federation Co., 121 Ohio St., 334, 168 N. E., 847.

' The petition, so far as material to this controversy, recites that the plaintiff is and was prior to the erection of the coal tipple the owner of certain…