Barnes v. Christy

Citations

• 102 Ohio St. (N.S.) 160

Syllabus

<p>Appeal and error — Court of appeals — Chancery jurisdiction — Decree below suspended, when — Amendment of pleadings— Substitution of cause of action — New parties — Equitable relief — Mistake in deed — Trust favoring equitable owner — Specific performance — Contract to sell realty — Refusal of wife to sign deed — Error to decree conveyance — Reserving value of inchoate dower.</p> <p>1. Plenary appellate jurisdiction in the trial of chancery cases is conferred on the courts of appeals by Section 6 of the judicial article of the Constitution as amended in 1912. The procedure may be provided by law.</p> <p>2. In Ohio on appeal of a chancery case the decree of the court below is suspended and the whole case is transferred to the court of appeals. That court has the same jurisdiction of the subject-matter of the action, the same control over the pleadings, the issuing and service of process, as well as the final determination of the case, that the court below had.</p> <p>3. In the exercise of appellate jurisdiction, the court of appeals has before it a suit commenced in a court of original jurisdiction and cannot by amendment substitute for the cause of action originally sued on a new and different cause of action and thereby originate a new and different suit in the appellate court.</p> <p>4. Courts of equity aim to do complete justice by adjudicating and settling the rights of all parties interested in the subject-matter of the suit; and as a general rule all persons materially interested either legally or equitably in that subject-matter are proper parties, so that there may be a complete decree which shall bind all and terminate litigation.</p> <p>5. Where it develops in a chancery case which has been appealed to the court of appeals that it is necessary to bring new parties into the case for the purpose of fully settling and finally determining the cause of action appealed, amendments may be made for that purpose.</p> <p>6. Courts of equity will not permit mistak