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87 Ohio Law. Abs. 369

Estep v. Mullen

Ohio Court of Appeals

Decided April 26, 1960

Ohio Court of Appeals · decided 1960-04-26

Decided 1960-04-26

Per Curiam.

¶1The defendants-appellees have filed a motion to dismiss this appeal on questions of law and fact and retain it on questions of law only.

¶2Section 2501.02, Revised Code, effective October 4, 1955, now provides that an appeal on questions of law and fact now *370lies only in the ten classes of action named in that section. The tenth class therein enumerated is injunction.

¶3Reading the petition of the plaintiffs-appellants filed in the Common Pleas Court it is very apparent that the paramount relief sought is injunctive in nature.

¶4The appeal is from the order of the trial court dissolving the injunction theretofore issued.

¶5In an appeal on questions of law and fact there must have been a trial of factual issues in the lower court in addition to the prerequisite that the case be one in chancery.

¶6For the above reasons the motion to reduce the appeal from one of law and fact to one of law only is overruled.

(xrieeith, P. J., Phillips and Donahue, JJ., concur.
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