Hutchinson v. Alvis

Ohio Court of Appeals

Hutchinson v. Alvis

151 N.E.2d 31, 77 Ohio Law. Abs. 608, 1958 Ohio App. LEXIS 959

CourtOhio Court of Appeals

DecidedFebruary 4, 1958

DocketNo. 5886

StatusPublished

Cited by3 cases

This text of 151 N.E.2d 31 (Hutchinson v. Alvis) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hutchinson v. Alvis, 151 N.E.2d 31, 77 Ohio Law. Abs. 608, 1958 Ohio App. LEXIS 959 (Ohio Ct. App. 1958).

Pincite

Opinion

OPINION

By THE COURT.

Submitted on motion of the respondent seeking an order requiring the petitioner to make his petition definite and certain by stating with particularity wherein “he is being held in illegal custody,” or in the alternative, that the petition be dismissed at petitioner’s cost. An examination of the petition reveals that it alleges:

(lj The petitioner is imprisoned or restrained of his liberty.

(2) That he is in the custody of R. W. Alvis, Warden of the Ohio Penitentiary.

(3) The place where he is held is set forth.

(4) That the detention is illegal.

(5) The petition is signed and verified.

We are of the opinion that the above stated allegations constitute a good cause of action under the provisions of §2725.04 R. C. See also, 20 O. Jur. 486, Section 61.

The motion will be overruled.

PETREE, PJ, BRYANT and MILLER, JJ, concur.

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