BRADFORD v. MICKLETHWAITE.

No. 34102.

163 Ohio St. 301 (1955)

BRADFORD ET AL., ADMRS., APPELLEES, v. MICKLETHWAITE ET AL., APPELLEES; MCGRHIEY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided May 11, 1955.


Attorney(s) appearing for the Case

Mr. H. Paul Joseph, for plaintiff appellees.

Messrs. Graham, Graham, Hollingsworth, Gottlieb & Johnston, for defendant appellees.

Mr. Carrington T. Marshall, Mr. Orland R. Crawfis, Mr. John H. Summers, Mr. Frank A. Hunter, Mr. Peter Vacca, Mr. Aaron J. Halloran, Mr. Donald M. Hamilton, Sr., Mr. Frank H. Kearns, prosecuting attorney, Mr. Paul W. Martin and Mr. Charles A. Eberly, for appellants.


ZIMMERMAN, J.

The sole question with which this court is now concerned is whether the Court of Appeals should hear and determine this controversy as on appeal on questions of law and fact, as contended by the appellants, or whether that court was correct in determining that the cause should be heard and disposed of as on appeal on questions of law only, without a retrial of the facts.

Concededly, the right of appellants to have the cause heard and determined...

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