
    No. 74
    DEMERTGES v. HUTTAS, et al
    Cuyahoga Court of Appeals,
    No. 4059
    SALES — (1) Construction of Bulk Sales Law— Failure to obtain judgment removes right of municipal court to appoint trustee — (2) Remedy equitable, and court without jurisdiction.
    Error to M. C. of Clev.,
    Decided Dec. 18, 1922
    Attorneys — Spear, Godfrey & Spear, for Dem-erges; Kraus, McMasters, Good & Goldman, for Huttas.
   VICKERY, J.:

Epitomized Opinion

1. Failure of a purchaser of a stock of merchandise to comply with certain conditions of the Bulk Sales Law of Ohio, makes the purchaser a trustee for creditors, and the statute gives them the right to have a trust declared and a trustee appointed. Failure to give the required notice is of itself un-sufficient to hold the buyer as trustee, for such appointment must be made by a court, such as the common pleas, having power to declare a trust.

2. The municipal court had no such jurisdiction, in any other case than where a judgment has been rendered in its own court, and none had been in this instance. Notwithstanding the fact that the proceeding is simply a statuary matter the remedy is clearly equitable and in this case, no judgment having been obtained against the purchaser, the municipal court had no right to appoint a trustee.  