COUNTY OF SUMMIT, EX REL. MOHLER v. YACOBUCCI

No. 74-26.

41 Ohio St. 2d 110 (1975)

COUNTY OF SUMMIT, EX REL. MOHLER, PROS. ATTY., APPELLANT, v. YACOBUCCI, CLERK OF COURTS OF SUMMIT COUNTY, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided February 12, 1975.


Attorney(s) appearing for the Case

Mr. Stephan M. Gabalac, prosecuting attorney, Mr. William E. Schultz and Mr. John F. Lenehan, for appellant.

Messrs. Hershey, Browne, Wilson, Steel, Cook & Wolfe. Mr. David R. Wilson and Mr. Terrence J. Steel, for appellee.


CORRIGAN, J.

I.

Appellant, in his first proposition of law, contends that it is not error for the court to refuse to answer written interrogatories posed by one of the parties when questions of fact are tried by the court without a jury pursuant to Civ. R. 52. We agree.

Civ. R. 52 provides that "[w]hen questions of fact are tried by the court without a jury, judgment may be general for the prevailing...

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