Legal Opinion

Masetta v. National Bronze & Aluminum Foundry Co.

Cuyahoga County Common Pleas Court

Decided October 22, 1951No. 602697Published

1Opinion of the Court

*371OPINION

By MERRICK, J.

This action comes before the Court on the motion of defendant to dismiss for want of jurisdiction. For the reasons stated in- the motion, such pleading must be considered as a demurrer and is always timely, even though an answer has theretofore been filed. See. 11311 GC. Bozzelli v. Industrial Commission, 122 Oh St 201.

A demurrer searches the entire record. Holthouse v. Akom, 370031; 51 Abs 176. The plaintiff is attempting to secure some relief in equity upon a claim for breach of an employment contract made for his benefit and the benefit of others similarly situated…

2Cases cited3 opinions

  1. Boyer v. Western Union Tel. Co.U.S. Circuit Court for the District of Eastern Missouri · 1903
  2. Davies v. Columbia Gas & Electric Corp.Ohio Court of Appeals · 1948
  3. Holthouse v. AkomVan Wert County Court of Common Pleas · 1947

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