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STATE, EX REL. SMITH v. FRIEDMAN

No. 69-800.

22 Ohio St. 2d 25 (1970)

THE STATE, EX REL. SMITH, v. FRIEDMAN, JUDGE, ET AL.

Supreme Court of Ohio.

Decided April 8, 1970.

Attorney(s) appearing for the Case

Mr. Stephen J. Knerly, for relator.

Mr. John T. Corrigan, prosecuting attorney, and Mr. Harvey R. Monck, for respondents.

O'NEILL, C. J.

The relatrix filed an action in partition in the Common Pleas Court of Cuyahoga County on June 5, 1969, seeking partition of the property jointly owned by the relatrix and her husband.

Relatrix's husband filed a divorce action on September 8, 1969, in which a court-imposed property settlement would invoke relatrix's interest in the real estate described in her partition action. That same day the...

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