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STATE, EX REL. SMILACK v. BUSHONG

No. 1025.

93 Ohio App. 201 (1952)

THE STATE, EX REL. SMILACK, v. BUSHONG, SUPT.

Court of Appeals of Ohio, Allen County.

Decided June 12, 1952.

Attorney(s) appearing for the Case

Mr. Jack B. Dworken, for petitioner.

Mr. C. William O'Neill, attorney general, Mr. Ralph Bartlett, prosecuting attorney, and Mr. Larry Snyder, for Roy E. Bushong, superintendent.

GUERNSEY, J.

Oscar Smilack filed his petition in this court for a writ of habeas corpus alleging that he was unlawfully restrained of his liberty by Dr. R. E. Bushong, Superintendent of Lima State Hospital.

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 for a Writ of Habeas Corpus by Oscar Smilack." It was unnecessary to name anyone as defendant in the caption...

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