Coldiron v. McKenzie

The majority opinion would not require a party that interposes both an equitable and a law defense to appeal from the final decree of the court in the equity proceeding. OES 16.460 (2) was last amended in 1917.

In the case at bar, the defendant did not appeal from the decree of July 8, 1969, ordering that the defense be dismissed. The action at law on the disputed note came on for trial on July 15, 1970, and the defendant again attempted to pursue his equitable defense in the law action, and a verdict for plaintiff was directed by the court, and judgment on the law action was entered on July…