In Matter of Habant

There is presented to this court a motion to dismiss an appeal on questions of law and fact from the Probate Court of Lorain county. The following reasons are assigned:

“1. That this cause is now pending on appeal on questions of law and fact from the Probate Court of Lorain county to the Common Pleas Court of Lorain county, between the same persons and involving the same questions as are involved in this appeal and from the same cause of action * * *.

“2. That this court lacks jurisdiction; the subject-matter of this appeal is not chancery, and therefore the appeal on questions of law and fact…