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STATE, EX REL. HORVATH v. RIDER

No. 31894.

153 Ohio St. 417 (1950)

THE STATE, EX REL. HORVATH, v. RIDER, COMMR. OF DIV. OF CONSERVATION AND NATURAL RESOURCES OF THE DEPT. OF AGRICULTURE OF OHIO ET AL.

Supreme Court of Ohio.

Decided April 19, 1950.

Attorney(s) appearing for the Case

Mr. Chalmers M. Parker and Messrs. Wright, Harlor, Purpus, Morris & Arnold, for relator.

Mr. Herbert S. Duffy, attorney general, and Mr. Frank Wilke, for respondents.

BY THE COURT. Only two defenses challenged by the demurrer need be considered in deciding the present cause.

The fifth defense contains allegations that at the time the relator filed the petition in this court there was and still is pending in the Court of Common Pleas of Logan County an action against the relator and the respondents, in which action the plaintiffs allege they are in possession of the premises; that relator filed a cross-petition in that action alleging...

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