Bradford v. Micklethwaite

The sole question with which this court is now concerned is whether the Court of Appeals should hear and determine this controversy as on appeal on questions of law and fact, as contended by the appellants, or whether that court was correct in determining that the cause should be heard and disposed of as on appeal on questions of law only, without a retrial of the facts.

Concededly, the right of appellants to have the cause heard and determined by the Court of Appeals as on appeal on questions of law and fact is dependent on whether the proceeding is of an equitable nature and constitutes a…