Complete Building Show Co. v. Albertson

Citations

• 99 Ohio St. (N.S.) 11

Syllabus

<p>Courts of appeals — Appellate jurisdiction — Chancery cases— Pleading — Action at law — Accounting—Form of action not changed, when,</p> <p>1. The jurisdiction of the court of appeals is now conferred only by Section 6, Article IV of the State Constitution. In the trial of cases on appeal its jurisdiction is thereby limited to chancery cases and can neither be enlarged nor curtailed by the general assembly.</p> <p>2. An action for the recovery of money as a debt or as damages is essentially an action at law and, where no fiduciary or trust relation exists between the parties, cannot be converted into a suit in chancery for an accounting by averments that facts relative to plaintiff’s claim and the extent of his damages are not known to plaintiff but are within the knowledge of the defendant.</p>