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10 Ohio Cir. Dec. 341

Betts v. Shields

Hamilton Circuit Court

Decided October 15, 1899

Hamilton Circuit Court · decided 1899-10-15

<p>APPEAL.</p> <p>Smith, Swing and Gifien, JJ.</p> <p>Appeal — Action for Recovery of Money.</p> <p>The answer of an administrator in an action for the recovery of money ©mly, denying that his intestate received the money, does not change the issue and the action is-not appealable.</p>

Decided 1899-10-15

Giffen, J.

¶1The motion of plaintiff to dismiss the appeal of the defendant, Win. Hartley Pugh, administrator, in each of the above cases, is sustained for the reason that the only issue made in the petition as against him is for the recovery of money only; and his answer, which merely denies that his intestate received the money, does not change the issue.

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