Wagner v. Armstrong

Citations

• 93 Ohio St. (N.S.) 443

Syllabus

<p>Courts of appeals — Jurisdiction on appeal — Chancery cases — Partition-Section 12224, General Code (103 O. L., 429), unconstitutional and void — Section 6, Article IV, Constitution, 1912.</p> <p>1. Section 12224, General Code, purporting to vest the courts of appeals with jurisdiction in the trial of cases on appeal, is unconstitutional and void. The jurisdiction of the courts of appeals in the trial of cases on appeal is expressly limited by the constitution to chancery cases, and this jurisdiction cannot be enlarged by the general assembly.</p> <p>2. All partition cases were originally cognizable in courts of chancery only and must still be regarded as chancery cases and therefore appealable under such terms and procedure as may be provided by law.</p>