Russell v. Fourth National Bank

Citations

• 102 Ohio St. (N.S.) 248

Syllabus

<p>Court of appeals — Appeal and error — Jurisdiction — Finding of facts and final judgment — Scope and exercise of authority— Validity of decrees — Equitable relief — Laches as bar — Burden to explain delay — Accounting — Title or proceeds of shares of stock — Transfer recorded, but certificate not surrendered.</p> <p>1. The court of appeals in a proceeding in error has no power to make findings of fact which shall conclusively bind the trial court; nor to render final judgment, except where the ultimate controlling facts are conceded or where a finding of them has been made by the trial court.</p> <p>2. In a proceeding in error in the court of appeals the jurisdiction of the court is confined to a consideration of the record in the court below, and it may affirm, modify or reverse the judgment of that court; and where the controlling facts in the case are not conceded, and there has been no finding of them by the trial court, the duty of the court of appeals if it finds that the judgment of the trial court is against the weight of the evidence is to reverse the judgment and remand the cause for a new trial according to law.</p> <p>3. Although a court may have jurisdiction of the parties and the subject-matter in an action it cannot transcend the power legally conferred on it.</p> <p>4. Equity demands that rights should be asserted before lapse of time has made a judicial inquiry difficult and uncertain by reason of the death of parties, the loss of papers and books, the death of witnesses, and the intervention of equities; and where delay, under such circumstances, exceeds the time fixed for suit by statutes of limitations in an analogous action at law, the b.urden is on the party asserting such right to explain the delay and to show that it would be inequitable and unjust to refuse the aid of the court in the enforcement of the right.</p>