Case law

Gantz v. Gease

82 Ohio St. (N.S.) 34 · Ohio Supreme Court · Mar 15, 1910

Brown was duly appointed and became qualified as guardian of the person and estate of said John G. … We think it is clearly of the latter character.

Safeco Insurance Co. of America v. White

122 Ohio St. 3d 562 · Ohio Supreme Court · Aug 4, 2009

We must also remember that a policy exclusion “will be interpreted as applying only to that which is clearly intended to be excluded.” (Emphasis sic.) … It is equally well established that an ambiguity cannot be created in an insurance policy where there is none. Hacker v. Dickman (1996), 75 Ohio St.3d 118, 119, 661 N.E.2d 1005.

Polikoff v. Adam

67 Ohio St. 3d 100 · Ohio Supreme Court · Aug 11, 1993

The court found that the proceeding need not “be by ‘original application’ in order to qualify as a special proceeding, because of our concern that there be an effective mode of review of such rulings.” … Employing our “new” method of analysis, we ask first whether shareholder derivative suits were recognized in equity, at common law, or established by special legislation.

Voinovich v. Ferguson

62 Ohio St. 3d 1224 · Ohio Supreme Court · Jan 13, 1992

First, the plaintiffs bring this action not only in their official capacities as members of the so-called Apportionment Board, but also as qualified electors of the state of Ohio. … Clearly, therefore, plaintiffs have standing to maintain this action.

State v. Jones (Slip Opinion)

163 Ohio St. 3d 242 · Ohio Supreme Court · Dec 18, 2020

was exhibit A for eviscerating the statutory 20  January Term, 2020 right to appellate review of criminal sentences, then this case surely qualifies … Nevertheless, the majority establishes by judicial decree that a sentence that is contrary to law cannot be reviewed by a court of appeals for being contrary to law.

State Ex Rel. Asti v. Ohio Department of Youth Services

107 Ohio St. 3d 262 · Ohio Supreme Court · Dec 21, 2005

The “shall” in R.C. 124.11(D) clearly requires a mandatory construction. {¶ 24} In addition, “retain” means “to hold or continue to hold in possession or use,” and “resume” means to “begin again.” … Because R.C. 124.11(D) contains no comparable qualifying language concerning the exercise of fallback rights, it should be accorded the broad, sweeping scope contemplated by its plain language. {¶ 31} Furthermore,

State v. Glenn

28 Ohio St. 3d 451 · Ohio Supreme Court · Dec 30, 1986

Appellant asserts that the victim’s status as a volunteer reserve deputy sheriff is insufficient to qualify as a “peace officer.” … It was established at trial that the deputy was in full uniform when he was killed and was driving a clearly marked patrol cruiser.

United Telephone Credit Union v. Roberts

115 Ohio St. 3d 464 · Ohio Supreme Court · Oct 10, 2007

The trial court ruled that the order establishing the conservatorship was invalid. … The statute clearly requires that the credit union initiate the action. “ ‘Credit union’ means a corporation organized and qualified as such under this chapter.”

Cinncinnati, Wilmington & Zanesville Railroad v. Commissioners of Clinton County

1 Ohio St. (N.S.) 77 · Ohio Supreme Court · Mar 15, 1852

Prom an early period the whole power of laying out, establishing, and *83 keeping in repair, by a local tax, the public roads, has been confided to the several counties. … The case ip volved the validity of an act of the legislature, under which the county of Mason, in pursuance of a majority vote of the qualified electors, had subscribed $150,000 to the stock of that company.

State v. Neyland (Slip Opinion)

139 Ohio St. 3d 353 · Ohio Supreme Court · May 8, 2014

Yet Neyland clearly understood his legal rights and stated several times, “I have a right to remain silent.” … Smith was qualified to testify as an expert under Evid.R. 702 because of her specialized knowledge and experience as a psychiatrist.

State ex rel. Papin v. Huddle

56 Ohio St. 2d 77 · Ohio Supreme Court · Nov 8, 1978

Those affected by the bumping shall have bumping rights against lesser seniority employees in a lower-rated class within the same job family for which he is qualified, at his option.” (Emphasis added.) … Eelator, as the only member of his job class, clearly did not have employees with lesser seniority beneath him. He also was not affected by bumping.

In Re Grand Jury Proceeding of John Doe

150 Ohio St. 3d 398 · Ohio Supreme Court · Dec 7, 2016

. {¶ 16} Thus, we have clearly stated that grand-jury proceedings are not special proceedings. … It may consider incompetent evidence, but it may not itself violate a valid privilege, whether established by the Constitution, statutes, or the common law.” United States v.

Commercial Credit Co. v. Schreyer

120 Ohio St. 568 · Ohio Supreme Court · May 22, 1929

The former decisions of this court clearly establish this rule. Wright v. Munger, Wright, 614; State, ex rel. Whiteman, v. Chase, Gov., 5 Ohio St., 528 ; Pittsburg, C. & St. L. Ry. Co. v. … It is qualified by the exception that where a contract is not evil in itself, and its - invalidity is not denounced as a penalty for its violation by the express terms of the statute, or by rational implication from the language

State v. Wilmoth

22 Ohio St. 3d 251 · Ohio Supreme Court · Mar 19, 1986

The court held that the affidavit did not establish probable cause. … In Leon, supra, the warrant was constitutionally invalid because the affidavit did not establish probable cause.

State ex rel. Roof v. Board of Commissioners

39 Ohio St. 2d 130 · Ohio Supreme Court · Jul 17, 1974

However, Section 2a, Article Y, clearly does not require perfect rotation. … Since the constitutional provision describing perfect rotation is qualified by the word “substantially,” it can-be .in-, ferred that the parenthetical phrase was meant to convey", a different concept.

Bryant v. American Bonding Co.

77 Ohio St. (N.S.) 90 · Ohio Supreme Court · Nov 19, 1907

Manifestly, the simple fact that a premium is paid by the officer establishes beyond question that the contract does not belong to the former class. … No other clause of the application in any way qualifies these statements. The bond is as follows: “Know all men by these presents: That we, Edward S.

Price v. Methodist Episcopal Church

4 Ohio 471 · Ohio Supreme Court · May 15, 1831

Even an individual, not a member of the society, who purchased and paid for a pew, and occupied it thirty year’s, acquires but a qualified property in it, subject to the common control; and if it be determined to pull down … Upon the best reflection we have been able to bestow upon this branch of the question, we are brought to the conclusion that the complainants have failed to establish their right to the interference of this court by injunction

Moretz v. Muakkassa

137 Ohio St. 3d 171 · Ohio Supreme Court · Oct 24, 2013

Thus, the trial court here should have recognized that reliance on Robertson was misplaced. *188 {¶ 74} Here, Evid.R. 803(18) clearly prohibited admission of the illustration as an exhibit. … Williams was qualified to perform laparoscopic surgery or that only Dr. Williams was qualified to perform surgery to open Mr. Moretz’s abdomen and move the internal organs to expose the cyst. .

State v. Smith

61 Ohio St. 3d 284 · Ohio Supreme Court · Jul 31, 1991

Smith clearly had an arduous childhood, and his early life shaped a personality with serious character defects. … Schmidtgoessling’s evidence failed to establish any mental disease or defect qualifying under R.C. 2929.04(B)(3); Smith’s age of twenty-nine ne *297 gates R.C. 2929.04(B)(4); and no claim is made invoking R.C. 2929.04(B)(

Travelers Ins. v. Buckeye Union Casualty Co.

172 Ohio St. (N.S.) 507 · Ohio Supreme Court · Dec 20, 1961

In those cases, the ordinary and permissive use of the automobiles or trucks, as the case may be, was established and continuous, and, the “loading and unloading” clause being a reasonable extension of the use, the sole question … In our judgment, loading and unloading are but component parts of “use,” and the former is of no consequence unless or until the party charged with negligence is shown to have been using the truck so as to qualify as an “