Borton v. Earhart

The sole question before this court is whether the Court of Appeals erred in dismissing appellant’s appeal on questions of law and fact, on the ground that the action is not one in chancery but an action at law.

Whether an action is legal or equitable in character must be determined by the nature of “plaintiff’s primary demand and the ground of the action as set out in the pleadings. Taylor v. Brown, 92 Ohio St., 287, 110 N. E., 739; Hummer v. Parsons, 111 Ohio St., 595, 146 N. E., 62; Lust v. Farmers’ Bank & Savings Co., 114 Ohio St., 312, 151 N. E., 189. In the case at bar the plaintiff…