STATE, EX REL. ALBAN v. KAUER

No. 6269.

116 Ohio App. 412 (1960)

THE STATE, EX REL. ALBAN, D.B.A. ALBAN EQUIPMENT Co., v. KAUER ET AL.

Court of Appeals of Ohio, Franklin County.

Decided April 5, 1960.


Attorney(s) appearing for the Case

Messrs. DeVennish & Hague, for relator.

Mr. Mark McElroy, attorney general, and Mr. John W. Leibold, for respondents T. J. Kauer and others.

Messrs. Taft, Stettinius & Hollister, and Mr. John A. More, for respondent Frank Messer & Sons, Inc.


FESS, P. J.

This cause comes on for hearing and determination upon the return to the alternative writ of mandamus directing the respondents to show cause why they should not be ordered to pay to relator the sum of $1,711.78. The matter is to be determined upon the pleadings and stipulation of facts.

Relator's original action in this court is predicated upon a sworn statement for a lien on funds payable to contractors for public work. From the stipulation it...

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