Willson Improvement Co. v. Malone

Citations

• 78 Ohio St. (N.S.) 232

Syllabus

<p>Issues of law and issues of fact — How tried — Section 5130, Revised Statutes — Recovery of money — Contemporaneous appeal and error from common pleas to circuit court — Effect of — Court proceedings.</p> <p>1. In view of the comprehensive terms of Section 5130, Revised Statutes, .issues of fact in all actions “for the recovery of money only” are triable to a jury and no exception is admitted because of the number of the items in an account which is the basis of the action, unless there is such relation of parties as will authorize a court of equity to decree an accounting by one for the information of the court and his adversary.</p> <p>2. Within the meaning of the section an action for money is an . action for money only, unless there is sought some form of relief peculiar to courts of equity, and the action cannot be appealed from the common pleas to the circuit court. {Black, Receiver, v. Boyd, So Ohio St. 46, overruled.)</p> <p>3. Appeal and error being contemporaneously taken from the common pleas court to the circuit court the latter court errs in dismissing the petition in error unless, the action being appeal-able, the taking of the appeal is effective to suspend the judgment of the court of common pleas.</p>