State, ex rel. Jones v. Ward

Ohio Court of Appeals

State, ex rel. Jones v. Ward

29 Ohio Law Rep. 36

Ohio Court of Appeals·Decided December 2, 1964·No. 38675·Published

Opinion

Appeal from the Court of Appeals for Franklin County. Gibson, Judge.

One who has been illegally deprived of civil-service rights does not waive such rights by accepting inconsistent employment during the pendency of litigation respecting those rights. Such a person is entitled to seek, and indeed has a duty to seek, employment to mitigate the loss of income pending a determination of such rights.

Judgment affirmed.

Taft, C. J., Zimmerman, Matthias and Griffith, JJ., concur. Herbert, J., dissents. O’Neill, J., not participating.

MERIT DOCKET

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Appeal from the Court of Appeals for Franklin County. Gibson, Judge.

One who has been illegally deprived of civil-service rights does not waive such rights by accepting inconsistent employment during the pendency of litigation respecting those rights. Such a person is entitled to seek, and indeed has a duty to seek, employment to mitigate the loss of income pending a determination of such rights.

Judgment affirmed.

Taft, C. J., Zimmerman, Matthias and Griffith, JJ., concur. Herbert, J., dissents. O’Neill, J., not participating.

MERIT DOCKET

State, ex rel. Jones v. Ward, 29 Ohio Law Rep. 36 (Ohio Ct. App. 1964).

Pincite

29 Ohio Law Rep. 36 (State, ex rel. Jones v. Ward) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.