DYZAK v. SAMMAN

No. 26388.

119 Ohio App. 469 (1963)

DYZAK, APPELLANT, v. SAMMAN ET AL., APPELLEES.

Court of Appeals of Ohio, Cuyahoga County.

Decided June 27, 1963.


Attorney(s) appearing for the Case

Mr. S. R. Greenfield and Mr. Milton Schulman, for appellant.

Mr. Samuel Boim, for appellee Leila W. Samman.

Messrs. Falsgraf, Kundtz, Reidy & Shoup and Mr. John H. Wilharm, Jr., for appellee Albert R. Wood.


SKEEL, C. J.

This appeal comes to this court on questions of law from a judgment entered for the defendants on defendants' revised motion to dismiss the action. The motion was granted by the trial court on the ground that the cause of action stated, claimed by the defendants to be one for slander of title of plaintiff's real property, had abated because of the plaintiff's death during the pendency of the action.

The plaintiff's amended petition recites that...

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