Ringler v. Benedict

OPINION

By ROSS, J.

This is a proceeding in error from the Common Pleas Court of Warren County, wherein judgment was rendered in favor of the defendant in that court. A jury was waived by the defendant in error, defendant below. The plaintiff in error insisted that the case was one in chancery, triable without a jury, in which position the court concurred. No complaint can now be made therefore by the plaintiff in error of the trial without a jury. 2 Ohio Juris., p. 640, §593.

The petition alleges that a contract was entered into by the decedent of defendant in error and the plaintiff in error…