Turner v. Republic Casualty Co.

We think that the case of Wagner v. Armstrong, 93 Oh St 443 throws light upon the question presented. The cases there involved actions in partition and which had been appealed to the Court of Appeals. The cases found their way to the Supreme Court where it was decided that the actions were appealable, the syllabus being:

“All partition cases were originally cognizable in courts of chancery only and must still be regarded as chancery cases and therefore appealable under such terms and procedure .as may be provided by law.”

It was argued in that case that the fact that a special statutory…