STATE EX REL. PAUL STURLER, INC. v. YACOBUCCI

No. 4793.

108 Ohio App. 41 (1958)

THE STATE, EX REL. PAUL STUTLER, INC., v. YACOBUCCI, CLERK, ET AL.

Court of Appeals of Ohio, Summit County.

Decided April 30, 1958.


Attorney(s) appearing for the Case

Messrs. Hershey; Hatch, Browne & Wilson, for plaintiff.

Mr. William Saxbe, attorney general, Mr. John M. Tobin, Mr. John S. Ballard, prosecuting attorney, and Mr. Theodore S. Price, for defendants.


DOYLE, J.

The state of Ohio, on the relation of Paul Stutler, Inc., commenced in this court an action in mandamus, directed against Frank Yacobucci, Clerk of the Court of Common Pleas of Summit County, Ohio, and Stanley J. Bowers, Tax Commissioner of the state of Ohio.

A demurrer was filed to the petition. In a hearing before this court, on the demurrer, it was stipulated by the respective parties that, in the event the demurrer should be sustained, judgment...

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