Laymon v. Bennett

OPINION

By MATTHEWS, J.

The trial court found in favor of the plaintiff on both causes of action stated in the petition and entered judgment on such finding. The defendants filed notice of appeal on law and fact and gave an appeal bond. The first cause of action is clearly one at law, but the second cause of action is as clearly a chancery case. The appeal, therefore, vests this court with jurisdiction to hear this case de novo and imposes upon it the duty, if necessary, of hearing and weighing the evidence as to the second cause of action, uninfluenced by the decision of the issues by the…