SMITH v. CIVIL SERVICE COMM.

No. 33049.

158 Ohio St. 401 (1952)

SMITH, APPELLEE, v. MUNICIPAL CIVIL SERVICE COMMISSION, CITY OF COLUMBUS, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 24, 1952.


Attorney(s) appearing for the Case

Messrs. Schwartz & Gurevitz, for appellee.

Mr. Richard W. Gordon, city attorney, and Mr. Hugh K. Martin, for appellants.


Per Curiam.

Although the question of the validity or construction of the ordinance and the rules and regulations of the city civil service commission and the division of police may be involved, the issue presented by the petition and demurrer thereto is largely one of fact.

Where the resolution of the controversy involved in an action for a declaratory judgment depends largely on a determination of facts...

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