BECKNER v. STOVER

No. 68-348.

18 Ohio St. 2d 36 (1969)

BECKNER, APPELLEE, v. STOVER ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 30, 1969.


Attorney(s) appearing for the Case

Mr. Nelson Lancione, for appellee.

Messrs. Wiles, Doucher, Tressler, Martin & Ford and Mr. Paul Martin, for appellant.


HERBERT, J.

During oral argument on the merits of this appeal, both parties agreed that the sole question to be determined is whether a plaintiff's voluntary dismissal without prejudice of his cause in response to any adverse ruling of the trial court may be classified as a failure otherwise than upon the merits within the meaning of Section 2305.19, Revised Code. The pertinent portions of that section provide:

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