State ex rel. Gregory v. Masheter, 39282
| Decision Date | 30 June 1965 |
| Docket Number | No. 39282,39282 |
| Citation | 208 N.E.2d 926,3 Ohio St.2d 43 |
| Parties | , 32 O.O.2d 24 The STATE ex rel. GREGORY, Appellee, v. MASHETER, Director of Highways, Appellant. |
| Court | Ohio Supreme Court |
This proceeding in mandamus was instituted in the Court of Appeals for Harrison County, seeking to compel the respondent, Director of Highways, to institute proceedings to appropriate certain property of relator located in Harrison County. Summons was issued to the Sheriff of Franklin County for service on the respondent.
The respondent filed a motion to quash the service, on the ground that the action should have been brought in Franklin County. The court overruled the motion.
This appeal is prosecuted from the order overruling the motion. The case is presently before this court on the motion of relator to strike the notice of appeal and dismiss the appeal.
Thomas F. Joseph and Steven E. Cichon, St. Clairsville, for appellee.
William B. Saxbe, Atty. Gen., I. Charles Rhoads, Columbus, and Harry N. Kandel, Canton, for appellant.
The motion is well taken. The order overruling the motion to quash service of summons is not a final appealable order as defined by Section 2505.02, Revised Code. Respondent is not precluded by the overruling of the motion to quash but may make a full defense in the action without waiving his objection to jurisdiction. State, ex rel. Rhodes, And., v. Solether, Judge, 162 Ohio St. 559, 124 N.E.2d 411.
The issue as to venue has been answered in the case of State, ex rel. Barber, Pros. Atty., v. Rhodes, Aud., 165 Ohio St. 414, 136 N.E.2d 60. The case should be brought in Franklin County against the respondent.
Appear dismissed.
KERNS, J., of the Second Appellate District, sitting for PAUL W. BROWN, J.
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...neither the overruling of a motion to quash (Lantsberry v. Tilley Lamp Co., 14 Ohio St.2d 41, 236 N.E.2d 530; State, ex rel. Gregory, v. Masheter, 3 Ohio St.2d 43, 208 N.E.2d 926); nor the overruling of a motion to dissolve a temporary restraining order is a final appealable order. Jones v.......
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City of Akron v. Otis K. Krumroy & Sons, Inc.
...559, 124 N.E.2d 411; State ex rel. Barber, Pros. Atty. v. Rhodes Aud., 165 Ohio St. 414, 136 N.E.2d 60; State ex rel. Gregory v. Masheter, Dir. of Hwys., 3 Ohio St.2d 43, 208 N.E.2d 926. In the case before us, the Department of Public Works has its official situs in Columbus, the State Capi......
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State ex rel. Braman v. Masheter, 39763
...director of this right. State ex rel. Barber, Pros. Atty. v. Rhodes, Aud., 165 Ohio St. 414, 136 N.E.2d 60; State ex rel. Gregory v. Masheter, Dir., 3 Ohio St.2d 43, 208 N.E.2d 926. It appears from the face of the petition that this suit was not brought to prevent the taking of property wit......
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Joyce Y. Hessell, Adm. v. David E. Polen, 86-LW-3482
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