Case law

State ex rel. Frye v. Bachrach

175 Ohio St. (N.S.) 419 · Ohio Supreme Court · Jan 22, 1964

Clearly, appellee is not entitled to a pension under either Section 741.17 or Section 741.18. At the time he entered the armed services in 1940, his right to a pension had not vested. … Section 4612-3, General Code (now Section 741.17, Bevised Code), became effective in 1947 and established at that time the basic condition for military credit.

Ohio State Bar Ass'n v. Martin

118 Ohio St. 3d 119 · Ohio Supreme Court · Apr 23, 2008

The Krulls paid the Martins a fee of $399 for the services. {¶ 17} However, the workbook and other materials provided to Krull did not clearly communicate that estates below certain values are eligible for relief from administration … In order to establish apparent agency, the evidence must show that the principal held the agent out to the public as possessing sufficient authority to act on his behalf and that the person dealing with the agent knew these

State v. Mapes

19 Ohio St. 3d 108 · Ohio Supreme Court · Aug 9, 1985

Georgia (1976), 428 U.S. 153 , 1 and the majority rule that convic *112 tions entered on pleas of no contest are admissible to establish enhanced penalties. See Annotation (1963), 89 A.L.R. 2d 540 , 610. … Thus, the petitioner clearly did not kill the victim, was not carrying a gun, and was not even present at the murders.

State v. Fulmer

117 Ohio St. 3d 319 · Ohio Supreme Court · Mar 12, 2008

No such connection was established at trial. … . {¶ 76} The only witness qualified to render an opinion that Fulmer was afflicted with metabolic derangement was Dr.

Central Motors Corp. v. City of Pepper Pike

73 Ohio St. 3d 581 · Ohio Supreme Court · Sep 6, 1995

Recently, this court reaffirmed the well-established standard of review that in order to invalidate a zoning ordinance on constitutional grounds, the party attacking the regulation must establish, beyond fair debate, that … We will not substitute our opinion for that of the legislative entity when the evidence presented clearly contradicts a finding that zoning ordinance No. 1981-21 was arbitrary or that it failed to substantially advance a

Mauzy v. Kelly Services, Inc.

75 Ohio St. 3d 578 · Ohio Supreme Court · Jun 12, 1996

She also determined that Mauzy was the most qualified person in the Cleveland region to fill the job of workers’ compensation manager. … statutorily-protected class, (2) that he was discharged, (3) that he was qualified for the position, and (4) that he was replaced by, or that his discharge permitted the retention of, a person not belonging to the protected

State ex rel. Nicholson v. Copperweld Steel Co.

77 Ohio St. 3d 193 · Ohio Supreme Court · Dec 18, 1996

By affording this relief, we effectively ordered the commission to award any compensation for which the surviving spouse in that case qualified. … The present claimant clearly has a work-related physical impairment with which the Stephenson factors could combine.

Niles v. Gray

12 Ohio St. (N.S.) 320 · Ohio Supreme Court · Dec 15, 1861

Hoop , this language, in the absence of other restrictive or qualifying provisions, is clearly sufficient to pass to Margaret, without express words of inheritance, an estate in fee simple; and in legal effect, the words … Jac. 590), it has been the established doctrine in England, that such a devise vests in the primary devisee a determinable fee simple, and not a fee tail; and on the happening of the contingency on which- the fee is to be

Disciplinary Counsel v. Ward

143 Ohio St. 3d 23 · Ohio Supreme Court · Jan 29, 2015

Ward and his father immediately agreed to indemnify Drew & Ward and its shareholders against claims advanced in the action and further agreed to take no action that “would clearly void” the firm’s malpractice insurance. … He was also aware that a seller’s attorney is not eligible to serve as a qualified intermediary and claimed that he had never served as Ann’s attorney in the past.

MetroHealth Med. Ctr. v. Hoffmann-LaRoche, Inc.

80 Ohio St. 3d 212 · Ohio Supreme Court · Nov 5, 1997

liability for contribution is distinct from the liability for the jointly committed tort. * * * Ohio’s statutory scheme for contribution does not concern the basic relationship of tortfeasors to one who has suffered injury but establishes … Certainly, a successful demonstration of an immunity or affirmative defense renders a plaintiff's claim of liability against a defendant ineffective and brings that liability to an end for all legal purposes.

State v. Walls

96 Ohio St. 3d 437 · Ohio Supreme Court · Oct 9, 2002

to a vested-rights analysis of retroactivity as “irrelevant” to an ex post facto inquiry); see, also, Collins, 497 U.S. at 46 , 110 S.Ct. 2715 , 111 L.Ed.2d 30 (“simply labeling a law ‘procedural’ * * * does not thereby immunize … ) There is probable cause to believe that the child committed the act alleged; {¶ 35} “(3) After an investigation, including a mental and physical examination of the child made by a public or private agency, or a person qualified

Baltimore & Ohio Railroad v. Chambers

73 Ohio St. (N.S.) 16 · Ohio Supreme Court · Oct 31, 1905

But it will be observed that the right or authority thereby given, to enforce such new right of action in this state, for a death occurring in another state, is a qualified and conditional right, and is, by express provision … of citizens in the several states. ’ ’ But the contrary is now too well established to be disputed.

State ex rel. Summers v. Fox (Slip Opinion)

163 Ohio St. 3d 217 · Ohio Supreme Court · Dec 10, 2020

, the county argues that these materials qualify as trial- preparation records. … For example, harassing telephone calls from the Summers family to J.K. would not qualify as trial-preparation records.

McCurdy v. Prugh

59 Ohio St. (N.S.) 465 · Ohio Supreme Court · Jan 17, 1899

McCurdy, guardian of Allyn Dunlap, defendant herein, and, for answer to the amended petition of the said plaintiff, admits that said plaintiff is the duly elected, qualified and acting treasurer of Miami county, Ohio, and … the owner of a promissory note, book account or other credit payable in money, to list the same for taxation at its face value without regard to the solvency of the maker or debtor, and as thus construed,' the provision clearly

State ex rel. Corrigan v. Seminatore

66 Ohio St. 2d 459 · Ohio Supreme Court · Jun 24, 1981

C. 309.09 2 *463 The common pleas court directly appointed an attorney for the defendant board members, in effect finding the prosecuting attorney not qualified to represent them. … How payment was effected, however, is not clearly apparent from the record.

State ex rel. Vindicator Printing Co. v. Wolff

132 Ohio St. 3d 481 · Ohio Supreme Court · Jul 25, 2012

Instead, to qualify as a case document that is afforded the presumption of openness for court records, the document or information contained in a document must merely be “submitted to a court or filed with a clerk of court … Conclusion {¶ 44} In sum, relators have established their entitlement to the requested extraordinary relief.

Cincinnati Traction Co. v. Public Utilities Commission

113 Ohio St. 618 · Ohio Supreme Court · Dec 15, 1925

The cities of Cincinnati and Norwood have no jurisdiction over such a service, having no power to establish, deny, or regulate such service. … The commission, having heard all the evidence, decided that one operation was sufficient and chose Carley rather than Becker as the one best qualified to conduct the transportation service.

State v. Mack

73 Ohio St. 3d 502 · Ohio Supreme Court · Aug 30, 1995

Detective Lucey’s extensive background was, indeed, sufficient to qualify him as an expert in the field of ballistics. … However, a flat confession of the crime at issue clearly goes to bias. See, e.g., State v.

State ex rel. Gannett Satellite Info. Network v. Shirey

78 Ohio St. 3d 400 · Ohio Supreme Court · May 14, 1997

If the City had undertaken this task without hiring PDI, the applications would clearly have been subject to the open-record law. … Ohio Dept. of Health (1990), 51 Ohio St.3d 1, 4, 553 N.E.2d 1345, 1347. {¶ 19} Gannett has established a sufficient public benefit.

Smith v. Smith

13 Ohio St. 532 · Ohio Supreme Court · Dec 15, 1862

The act of 1805, fixes the same limit for recording conveyances, and only differs in the phraseology so as to make its provisions more clearly embrace mortgages. … But *539 while the act of 1831, it is conceded, has remained since its enactment unrepealed and in force, its provisions have been qualified by subsequent legislation upon the same subject.