TRAVELERS INDEMNITY CO. v. COCHRANE

No. 32214.

98 N.E.2d 840 (1951)

155 Ohio St. 305

TRAVELERS INDEMNITY CO. v. COCHRANE et al.

Supreme Court of Ohio.

April 25, 1951.


Attorney(s) appearing for the Case

J. W. Starritt and Arnold C. Nopper, Toledo, for appellants.

Effler, Eastman, Stichter & Smith, Toledo, for appellee.


HART, Judge.

At the opening of the trial in the instant case, counsel for the defendants moved the court to dismiss plaintiff's petition for the reason that it was insufficient to invoke the jurisdiction of the court under the Uniform Declaratory Judgments Act of this state. The court overruled the motion and the defendants now complain that the trial court erred in this respect.

This motion, in the nature of a demurrer, attacked the sufficiency of the petition...

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