STATE EX REL. BARBER v. RHODES

No. 34679.

165 Ohio St. 414 (1956)

THE STATE, EX REL. BARBER, PROS. ATTY., APPELLEE, v. RHODES, AUD., ET AL., APPELLANTS, ET AL.

Supreme Court of Ohio.

Decided July 5, 1956.


Attorney(s) appearing for the Case

Mr. John H. Barber, prosecuting attorney, and Mr. Milton L. Farber, for appellee.

Mr. C. William O'Neill, attorney general, and Mr. Joseph S. Gill, for appellants.


HART, J.

The plaintiff claims that jurisdiction has been obtained over the defendant state officers by the issuance of process in this action and that they may be required to respond, to summons issued by the Common Pleas Court of Fulton County, as codefendants with certain officers of that county by virtue of the provisions of Section 2703.04, Revised Code, the pertinent part of which is as follows:

"When the action is rightly brought in any county...

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