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Legal Opinion

State, Ex Rel. Smilack v. Bushong

Ohio Court of Appeals

Decided June 12, 1952No. 1025PublishedCited by 16 opinions

1Opinion of the CourtGuernsey, J.

Oscar Smilack filed his petition in this court for a writ of habeas corpus alleging that he was unlawfully restrained of his liberty by Dr. R. E. Bushong, Superintendent of Lima State Hospital.

The cause is incorrectly captioned as it is not brought upon the relation of the state of Ohio and should be captioned “In the Matter of the Petition for a Writ of Habeas Corpus by Oscar Smilack.” It was unnecessary to name anyone as defendant in the caption.

Upon the trial of this canse the only evidence introduced was a transcript of the proceedings had in the Common Pleas Court of Franklin County,…

2Cases cited4 opinions

  1. Lewis v. ReedOhio Supreme Court · 1927
  2. Wilson, Sheriff v. LasureOhio Court of Appeals · 1930
  3. Walters v. McKinnisDistrict Court, W.D. Pennsylvania · 1915
  4. In re O'LearyOhio Court of Appeals · 1939

3Cited by16 opinions

  1. Jaquith v. BeckwithMississippi Supreme Court · 1963
  2. In re Custody WolfePreble County Juvenile Court · 1962
  3. In Re ToneyOhio Court of Appeals · 1961
  4. New Ohio Washed Coal Co. v. HindmanAppellate Court of Illinois · 1905
  5. State, Ex Rel. Shonk v. Crist, Supt.Ohio Court of Appeals · 1961

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