Legal Opinion

Pickrel, Schaeffer & Ebeling v. Merion

Ohio Court of Appeals

Decided March 26, 1943No. 1743Published

1Opinion of the Court

OPINION

By BARNES, P. J.

The above entitled cause is now being determined as an error proceeding by reason of an appeal of the Superintendent of Building and Loan Associations of the State of Ohio from a final judgment of the Court of Common Pleas of Montgomery County, Ohio.

The appeal was erroneously stated as an appeal on questions of law and fact, but subsequent thereto every step taken by Appellants conforms to an appeal on questions of law, and hence we will so consider the case.

The action was unquestionably one at law, and under no circumstances could the appeal be heard de novo.

On July…

2Cases cited2 opinions

  1. Assets Realization Co. v. Defrees, Brace & RitterIllinois Supreme Court · 1907
  2. Twyman McCarthy v. SmithSupreme Court of Florida · 1935

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