Case law

Wolf v. Powner

30 Ohio St. (N.S.) 472 · Ohio Supreme Court · Dec 15, 1876

By the verdict of the jury, this issue was found -for the defendants, and judgment was entered establishing the w.ill, *474 and adjudging the costs against the plaintiffs. … -The case is clearly not within the reason of the exclusion declared by section 313; nor do I think it comes within its terms, properly construed.

State ex rel. City of Toledo v. Cooper

97 Ohio St. (N.S.) 86 · Ohio Supreme Court · Dec 18, 1917

The power of taxation in every form, the power of eminent domain, the power to establish court's of record or conciliation and to define their jurisdiction,' these -may be so employed by chartered cities as to affect only … For instead of granting the general power to levy and collect taxes on all the property therein they qualified that power by the word “lawfully” in the provisions of the charter above named.

State ex rel. Baker Material Handling Corp. v. Industrial Commission

69 Ohio St. 3d 202 · Ohio Supreme Court · May 4, 1994

Certain qualifying employers, however, may “be granted the privilege to pay individually compensation, and furnish medical, surgical, nursing and hospital services and attention and funeral expenses directly to injured employees … Clearly, once a worker has been declared permanently and totally disabled he or she is incapable of returning to work.

Clapp v. Banking Co.

50 Ohio St. (N.S.) 528 · Ohio Supreme Court · Oct 31, 1893

Ingham, 36 Ohio St., 12 , 13, after reciting the various provisions regarding the making and settlement of assignments, including section 6351, this court, by Oicey, J., says: “ These provisions show very clearly that the … That the offer of a qualified allowance of the claim by the assignee affected the question of costs only, and not the creditor’s right to an unconditional allowance of his claim. 3.

In re Mitchell

119 Ohio St. 3d 38 · Ohio Supreme Court · Jul 3, 2008

. {¶ 3} Before the applicant could qualify to sit for the exam, he had to obtain the admissions committee’s final approval pursuant to Gov.Bar R. … The record in this case establishes that Scrushy was clearly a bad actor who committed serious crimes.

In re Poage

87 Ohio St. (N.S.) 72 · Ohio Supreme Court · Nov 12, 1912

portions of said state; and, that ever since your petitioner became of the age of 21 years, has been an elector of Boyd county, state of Kentucky, and is now and has been for more than two years last past the duly elected, qualified … Clearly, in such case it would be the duty of the father to assert his legal right to their care and custody, and provide them with a home, food, shelter and clothing, and his failure to do so would be an offense against

Richland Cty. Bar Assn. v. Brickley

97 Ohio St. 3d 285 · Ohio Supreme Court · Dec 4, 2002

B {¶4} Respondent violated DR 6-101(A)(3) by failing to file a Qualified Domestic Relations Order for a client after her divorce was finalized in December 1999. … to establish a guardianship for the client’s aunt.

Health Care REIT, Inc. v. Cuyahoga Cty. Bd. of Revision (Slip Opinion)

140 Ohio St. 3d 30 · Ohio Supreme Court · Jun 18, 2014

. *31 The property is located in an area zoned as a “Senior Residence/Life Care District,” which was established for the housing and living-assistance needs of persons 60 years and older. … However, he also clearly stated that the building was being operated as “an assisted living facility,” and at the hearing, he explained that the property’s “current occupant is using the property as an assisted living facility

State ex rel. Cincinnati Enquirer v. Sage

142 Ohio St. 3d 392 · Ohio Supreme Court · Mar 19, 2015

The return call clearly meets the threshold definition of “public record” under R.C. 149.43; it is a record kept by Butler County, which qualifies as a public office under the Public Records Act. … The evidence establishes that the call is not exempt from release as either a trial-preparation *404 record or a confidential law-enforcement investigatory record.

State ex rel. Mobley v. Grabman

2025 Ohio 2257 · Ohio Supreme Court · Jul 1, 2025

We concluded in Bates that the evidence was insufficient to clearly and convincingly establish that he sent the request for public records as he claimed. Id. at ¶ 14. … Id. at ¶ 4. {¶ 25} The majority denies Mobley’s request for leave to file rebuttal evidence, concluding that the documents Mobley requests to file do not qualify as rebuttal evidence because they rebut only the argument

Washington Mutual Insurance v. Merchants & Manufacturers' Mutual Insurance

5 Ohio St. 450 · Ohio Supreme Court · Dec 15, 1856

The counsel for the defendant in error is clearly mistaken in supposing that the doctrine of concealment is confined to cases of marine insurance, and no part of the law applicable to insurances against fire. … This charge is not qualified or changed in any other part of the instructions to the jury.

State ex rel. Yost v. FirstEnergy Corp.

175 Ohio St. 3d 201 · Ohio Supreme Court · Jan 16, 2024

And an ex parte order of attachment does not qualify as a final order under the terms of our final-order statute, R.C. 2505.02.2 Rather, the proper remedy for a party who is dissatisfied with an ex parte attachment order … it had obtained a judgment against appellants in the amount of $8 million dollars * * * [and] fails to adequately explain * * * why it asserted in the form’s affidavit [that] it had a judgment against appellants when it clearly

State v. Williams

88 Ohio St. 3d 513 · Ohio Supreme Court · Apr 28, 2000

The first, which took effect on January 1, 1997, established a new classification system for convicted sex offenders. … Its provisions merely establish remedial registration and notification requirements for those sex offenders adjudicated to be a habitual sex offender or a sexual predator.

State v. Scott

101 Ohio St. 3d 31 · Ohio Supreme Court · Jan 14, 2004

Other evidence presented by the state, including Scott’s confession to the police and to his Mends, established his guilt of the charges. … , 76 Ohio St.3d 244, 257 , 667 N.E.2d 369 (“R.C. 2929.04[B][4] [youth] [is] entitled to little weight, since Ballew was twenty-two at the time of the offense”). {¶ 106} Moreover, although Scott’s mental disorders do not qualify

Bostic v. Connor

37 Ohio St. 3d 144 · Ohio Supreme Court · Jun 15, 1988

Summary judgment is appropriate when the following factors have been established: “* * * (1) that there is no genuine issue as to any material fact; (2) that the moving party is entitled to judgment as a matter of law; and … The trial court’s ruling clearly stands for the proposition that it could not conclude as a matter of law that Bostic was either an employee or an independent contractor, and that therefore the issue was for the jury to decide

Benedict v. Schaettle

12 Ohio St. (N.S.) 515 · Ohio Supreme Court · Dec 15, 1861

The law as to this point is very clearly laid down by Lord Stowell, in the case of .The Qonstantia.” … This, at least, is clearly to be inferred from the language of the authority which has been cited, and appears entirely reasonable 'and proper.

Office of Consumers' Counsel v. Public Utilities Commission

66 Ohio St. 2d 162 · Ohio Supreme Court · May 13, 1981

It is necessary to use a hypothetical example to show this effect clearly. Likewise, an example is helpful because of the quantitative determinations required under R. C. 4909.15. … If one applies that standard to the example above, the expenditures made exclusively for the new plant would not qualify it for a CWIP allowance because $21,000,000 is only 70 percent of $30,000,000.

Neininger v. State

50 Ohio St. (N.S.) 394 · Ohio Supreme Court · Jun 13, 1893

have been conveyed, may be reformed, on the ground of mistake, and upon parol proof, by correcting misdescriptions, including lands omitted by mistake, enlarging or restricting the character of the estate, inserting or qualifying … Olmstead, 38 Conn., 309 , the court held that, “when the contract of a surety does not express the agreement or intention of the parties, to the injury of the obligee, and that is clearly made to appear, equity will reform

Cincinnati Bar Ass'n v. Alsfelder

103 Ohio St. 3d 375 · Ohio Supreme Court · Oct 13, 2004

substantiate his billing practices. {¶ 23} The panel thus found by clear and convincing evidence that respondent had violated DR 2-106(A) (“A lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly … He attempted to charge for his counsel in the manner that a therapist might, overlooking that an attorney, unless a qualified therapist, may no more engage in that profession than a therapist may practice law without a license

Zelenka v. Industrial Commission

165 Ohio St. (N.S.) 587 · Ohio Supreme Court · Dec 5, 1956

E. (2d), 612, wherein it was held: “When an X-ray picture admitted in evidence shows the juncture of the fragments of a broken bone and later pictures show the loss of such juncture, a physician qualified as an expert on … Clearly, these opinions did not constitute a basis of fact upon which the expert witnesses could base their expert opinions. This principle is illustrated in the case of Estes v.