# State ex rel. Wilson v. Preston

> Ohio Supreme Court · March 14, 1962 · 173 Ohio St. (N.S.) 203

URL: https://www.frixlaw.com/law-library/cases/8356045

## Case

- **Full name:** The State, ex rel. Wilson v. Preston, Director of Highways
- **Court:** Ohio Supreme Court
- **Decided:** March 14, 1962
- **Citations:** 173 Ohio St. (N.S.) 203
- **Precedential status:** Published
- **Opinion:** Dissent by Zimmerman
- **Judges:** Bell, Fourth, Herbert, Matthias, Neill, Place, Radcliff, Stead, Taft, Weygandt, Zimmerman
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8356045

## Opinion text

Zimmerman, J.,
dissenting. Even if mandamus may properly be considered a “civil action” within the contemplation of the Summary-Judgment Act, the judgment entry of the Court of Common Pleas of Hamilton County, ostensibly establishing a 99-year leasehold estate in the relator herein, carries the qualification that he holds such estate “in accordance with the terms of said lease. ’ ’ In my opinion the allegations of the answer in the instant case are of such a character as to preclude the drastic procedure of now entering a summary judgment against the respondent pursuant to the relator’s motion therefor.
Weygandt, C. J., and O’Neill, J., concur in the foregoing dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8356045. Public record. Not legal advice.