Kaiser v. Whetstone

*433OPINION

By BARNES, J.

The above-entitled cause is now being determined as an error proceeding by reason of plaintiff’s appeal from the judgment of the Common Pleas Court of Franklin County, Ohio.

For the benefit of counsel in future cases, we might state that appellants erroneously designate their appeal as on law and fact, whereas it should be on law. Ail difficulty will be removed if counsel will keep in mind that the only instance in which the appeal is designated as on law and fact is where the action is one in chancery.

This incorrect designation is not vital, since we may and do determine…