Ohio Court of Appeals February 19, 1934, No 2700 (Ruch v. First Natl Bank & Tr Co.)

OPINION

By WILLIAMS, J.

On behalf of the plaintiff in error, J. W. Wilson has filed a brief as trustee in bankruptcy of the estate of Carl H. Ruch, bankrupt. The first contention made is that the court below erred in forcing the defendant to trial, in view of the nature of the plead■ings and in view of the fact, as plaintiff-' in error claims, that the reply was a departure and set up new matter