LEWIS v. BENDINELLI

No. 53305.

26 Ohio Misc. 189 (1970)

LEWIS v. BENDINELLI.

Common Pleas Court of Scioto County.

Decided July 17, 1970.


Attorney(s) appearing for the Case

Mr. Ralph Mullins and Mr. Samuel E. Frowine, Jr., for plaintiff.

Messrs. Miller, Searl & Fitch and Mr. Chester P. Fitch, for defendant.


MARSHALL, J.

The defendant demurred to plaintiff's petition on the ground that it does not state a cause of action. Although the matter was formally submitted to the court on July 14th, the demurrer was actually filed prior to the effective date of the Rules of Civil Procedure. It will, therefore, be treated as a motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Rule 12 B.

Said petition alleges, in substance, that...

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