
    BERNHARD, ET, Plaintiffs - Appellees, v IRWIN, Defendant-Appellant.
    Ohio Appeals, Second District, Montgomery County.
    No. 1885.
    Decided September 12th, 1947.
    Otterbein Creagor, Dayton, for defendant-appellant.
    Heber S. Leonard, Dayton, for plaintiffs-appellees.
   OPINION

By THE COURT:

Submitted on motion of appellees to dismiss the appeal on questions of law and fact because the judgment appealed from was not entered in a chancery case.

The motion is well taken and will be sustained. The action below to remove an administrator is statutory: Sec. 10596-53 GG. The cause therefore proceeded in the trial court as at law. Nordin v Colton, 142 Oh St 277.

It is now determined that the cause may not be tried upon the facts and it will be held as an appeal on questions of law. A Bill of Exceptions having been filed in this court, no order is required with respect thereto.

MILLER and HORNBECK, JJ, concur.

WISEMAN, PJ, not participating.  