STATE, EX REL. LOCKE v. TURNER

No. 69-630.

21 Ohio St. 2d 151 (1970)

THE STATE, EX REL. LOCKE, APPELLANT, v. TURNER, AUDITOR, CITY OF CIRCLEVILLE, APPELLEE.

Supreme Court of Ohio.

Decided March 4, 1970.


Attorney(s) appearing for the Case

Messrs. Kiger & Hess and Mr. Otis R. Hess, Jr., for appellant.

Mr. O. Charles Hosterman, for appellee.


Per Curiam.

Relator first contends that the Court of Appeals could not "treat a motion to dismiss * * * as if it were a motion for a directed verdict." Since there would be no jury in a case such as this, we assume that relator has confused a motion for a directed verdict with a motion for judgment. We see no possible reason why the Court of Appeals could not treat a motion to dismiss at the close of the relator's case as a motion for judgment.

Relator...

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