Toll v. Schaeffer

On motion of appellees, the appeal taken herein on questions of law and fact was dismissed upon the ground that there was no trial involving an issue of fact in the Common Pleas Court and the appeal was reduced to one on questions of law. The parties stipulated that the transcript of the proceedings in the Common Pleas Court incident to dismissing the petition should be treated as a bill of exceptions and leave was granted appellants to file a brief and assignments of error. Therefore, this cause comes on for determination as an appeal on questions of law.

Plaintiffs filed their petition in…