Logan Co. Coal v. Matthew Addy Co.

Ohio Superior Court, Cincinnati

Logan Co. Coal v. Matthew Addy Co.

2 Ohio Law. Abs. 539, 1924 Ohio Misc. LEXIS 1625

Ohio Superior Court, Cincinnati·Decided May 17, 1924·No. No. 58976·Published

Opinion

MARX, J.

Epitomized Opinion

In memorandum of opinion it was held that conclusions of mixed law and fact pleaded must be considered as admitted for the purpose of demurrer only. As tne fundamental purpose of litigation is to arrive at a determination of the merits of the controversy the demurrer will be overruled without prejudice to a consideration of the questions of law upon the actual facts and leave granted to defendant to answer.

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MARX, J.

Epitomized Opinion

In memorandum of opinion it was held that conclusions of mixed law and fact pleaded must be considered as admitted for the purpose of demurrer only. As tne fundamental purpose of litigation is to arrive at a determination of the merits of the controversy the demurrer will be overruled without prejudice to a consideration of the questions of law upon the actual facts and leave granted to defendant to answer.

Logan Co. Coal v. Matthew Addy Co., 2 Ohio Law. Abs. 539, 1924 Ohio Misc. LEXIS 1625 (Ohio Super. Ct. 1924).

Pincite

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