BOARD OF HEALTH v. CITY OF ST. BERNARD

Nos. 68-706 and 68-713.

19 Ohio St. 2d 49 (1969)

BOARD OF HEALTH OF ST. BERNARD ET AL. v. CITY OF ST. BERNARD ET AL. BOARD OF HEALTH OF ST. BERNARD ET AL., APPELLANTS, v. CITY OF ST. BERNARD ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 2, 1969.


Attorney(s) appearing for the Case

Mr. Stephen W. Young and Miss Antoinette J. Navarra, for relators in case No. 68-706 and appellants in case No. 68-713.

Mr. Kenneth J. Schneider, city solicitor, for respondents in case No. 68-706 and appellees in case No. 68-713.


DUNCAN, J.

Section 2323.05, Revised Code, in pertinent part, reads:

"An action may be dismissed without prejudice to a future action:

"(A) By the plaintiff, before its final submission to the jury, or to the court, when trial is by the court, * * * ."

After the demurrer to relators' petition was sustained by the Court of Appeals, and relators given the right to plead further, the statutory right...

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