STATE, EX REL. CASTLE v. TAFT

No. 36128.

170 Ohio St. 580 (1960)

THE STATE, EX REL. CASTLE, APPELLEE, v. TAFT ET AL., BOARD OF TRUSTEES OF RETIREMENT SYSTEM OF CITY OF CINCINNATI, APPELLANTS.

Supreme Court of Ohio.

Decided May 4, 1960.


Attorney(s) appearing for the Case

Messrs. Gorman, Davis & Hengelbrok, for appellee.

Mr. James W. Farrell, Jr., city solicitor, for appellants.


Per Curiam.

This cause having been tried to the trial court on the pleadings and stipulation of facts, the Court of Appeals, after reversing the judgment of the trial court in favor of the relator, for a complete failure of proof of an essential element of relator's case, was in error in remanding the cause for a new trial. Lakeside Hospital v. Kovar, Admr., 131 Ohio St. 333.

The judgment of the Court of Appeals, so far as it remands the...

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