Legal Opinion · Concurrence

Wadsworth v. Ottawa County Board of Education

Ohio Court of Appeals

Decided November 3, 1958No. 308Published

1ConcurrenceFess, J.

Were it not for the decision of the Supreme Court in City of Zanesville v. Zanesville Canal & Mfg. Co., Trustee, 159 Ohio St., 203, 111 N. E. (2d), 922, I would be inclined to follow the decisions of the Supreme Court of Alabama, Louisiana and Indiana holding that even though certain allegedly necessary parties are not joined in an action for declaratory judgment, since the declaration would not prejudice the rights of persons not parties to such proceeding, the provisions of sections similar to Section 2721.12, Revised Code, are directory and not mandatory, and that noncompliance therewith…

2Cases cited3 opinions

  1. State Ex Rel. City of Indianapolis v. BrennanIndiana Supreme Court · 1952
  2. Trammell v. Glens Falls Indemnity Co.Supreme Court of Alabama · 1953
  3. Parker v. TillmanSupreme Court of Louisiana · 1955

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