Masetta v. National Bronze & Aluminum Foundry Co.
Cuyahoga County Common Pleas Court
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
- Boyer v. Western Union Tel. Co.U.S. Circuit Court for the District of Eastern Missouri · 1903
- Davies v. Columbia Gas & Electric Corp.Ohio Court of Appeals · 1948
- Holthouse v. AkomVan Wert County Court of Common Pleas · 1947