PETREE, J.
Plaintiff filed motion for judgment upon the pleadings on June 5, 1967. Although not acted upon or pressed, the court hereby overrules the same for the record.
Defendant filed a demurrer to the petition on June 9, 1967, which was pressed for July 3, 1967.
Demurrer sustained. Under Section 4515.02, Revised Code, we find Page's case note 147.2 which cites Lombardo v. DeShance,
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