Markland v. Younker

This appeal was begun as one on questions of law and fact. A motion was filed to reduce it to an appeal on questions of law only. No entry appears in the file disposing of that motion. However, the ease is one in which an appeal can lie only on questions of law, and it has been presented upon a bill of exceptions and briefed and argued as such. Hence it will be so treated. 3 Ohio Jurisprudence (2d), 457, Appellate Review, Section 545.

There are four assignments of error:

“ (1) Error in general charge of the court.

“ (2) Judgment of the court is contrary to law.

“ (3) Error in refusing to direct…