W. C. McBride, Inc. v. Murphy

By the Court.

On the issues joined by the pleadings the Court of Appeals found in favor of the plaintiffs, the defendants in error here, and with that finding we are not disposed to interfere.

This cause was certified to this court because of the claim made by plaintiff in error that the action instituted in the court of common pleas was not a chancery case, and was therefore not subject to appeal; that the Court of Appeals erred when it overruled the motion of defendant in error McBride, Incorporated, to dismiss the appeal.

The petition of plaintiffs below alleged they were ou.t of possession.…