Hemphill v. Lewis

Hart, C. J.,

(after stating the facts). It is first insisted that the decree should be reversed because the case was erroneously tried in the chancery court. The record shows that, during the progress of the trial in the circuit court, over the objections of both parties, the case was transferred to equity. Both parties saved their exceptions to the action of the circuit court. The order of transfer from the circuit court to the.chancery court discontinued the action in the former court but continued it in the latter court until it was disposed of there, either by trying the case or by…