Opinion

United Insurance v. Hutchinson

83 Ohio App. 182
47 Ohio Law. Abs. 366
69 N.E.2d 373

Court: Ohio Court of Appeals
Filed: Sep 23, 1946
Status: Published
On the bench: Hornbeck, Wiseman, Miller
Cited by: 2 cases

The opinion

APPLICATION FOR REHEARING.

Decided October 15, 1946.

OPINION

By THE COURT:

Application for rehearing. The contention is made that

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the effect of the holding of this Court is to deny the appellant a remedy by appeal under. §1346-4, GC, and that, therefore, said statute is unconstitutional and void. We did not have before us and did not determine the question whether an appeal could be maintained in some other county of the state. Perhaps such an action can be maintained and an action is now pending in the Common Pleas Court of Cuyahoga County. It was sufficient for this Court to hold that such an action could not be maintained in Franklin County.

Application denied.

HORNBECK, PJ, WISEMAN and MILLER, JJ, concur.

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