CUPPS v. TOLEDO

No. 36987.

172 Ohio St. 536 (1961)

CUPPS, APPELLEE, v. CITY OF TOLEDO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 27, 1961.


Attorney(s) appearing for the Case

Mr. Dan H. McCullough and Mr. Norman C. Platz, for appellee.

Mr. Louis R. Young, director of law, Mr. John J. Burkhart and Mr. Nathan Greenberg, for appellants.


BELL, J.

The assignments of error raise but a single question for our determination: Upon whom does the burden of proof rest in an appeal on questions of law and fact to the Court of Common Pleas from the affirmance by a municipal civil service commission of an order of dismissal of a member of the police department?

Section 143.27, Revised Code, clearly gives the right of an appeal on questions of law and fact to, or a trial de novo in, the Court of...

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