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STATE EX REL. EATON v. PRICE

No. 35488.

168 Ohio St. 123 (1958)

THE STATE, EX REL. EATON, APPELLANT, v. PRICE, CHIEF OF POLICE, APPELLEE.

Supreme Court of Ohio.

Decided June 18, 1958.

Attorney(s) appearing for the Case

Mr. Arthur T. Eaton, for appellant.

Mr. Herbert S. Beane. city attorney, Mr. Maurice J. Gilbert and Mr. Joseph P. Duffy, for appellee.

HERBERT, J.

In the case of State, ex rel. Smilack, v. Bushong, Supt., 93 Ohio App. 201, 112 N.E.2d 675 (affirmed by this court in 159 Ohio St. 259, 111 N.E.2d 918), Guernsey, J., stated at the outset of the opinion:

"The cause is incorrectly captioned as it is not brought upon the relation of the state of Ohio and should be captioned 'In the Matter of the Petition...

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