Legal Opinion
McClees v. Grand International Brotherhood of Locomotive Engineers
Ohio Court of Appeals
Decided February 7, 1938No. 5322PublishedCited by 17 opinions
1Opinion of the Court
OPINION
By ROSS, PJ.
This is an appeal on questions of law irom a judgment of the court of common pleas of Hamilton county, Ohio.
Headnote 1. An initial question claims our attention. It is asserted that the defendant is not suable. It is claimed it is not a legal entity, but, on the contrary, is merely an unincorporated voluntary association of railroad engineers. Such fact does not appear in the petition, and could, therefore, not be reached by demurrer. It is an issue which could be seasonably reached for the first time by answer. Bucurenciu v Ramba, et al,. 117 Oh St 546.
•A demurrer was…
2Cases cited6 opinions
- United Mine Workers v. Coronado Coal Co.Supreme Court of the United States · 1922
- Huth v. Humboldt Stamm, No. 153Supreme Court of Connecticut · 1891
- Cheeny v. ClarkSupreme Court of Vermont · 1830
- State v. Industrial Commission of Ohio.Ohio Court of Appeals · 1931
- Continental Automobile Mutual Ins v. MortonOhio Court of Appeals · 1937
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Marchitto v. Central R. Co. of NJSupreme Court of New Jersey · 1952
- Nissen v. International BrotherhoodSupreme Court of Iowa · 1941
- Atkinson v. ThompsonCourt of Appeals of Texas · 1958
- Fray v. Amalgamated Meat Cutters & Butcher Workmen of North AmericaWisconsin Supreme Court · 1960
- Hromek v. Freie GemeindeWisconsin Supreme Court · 1941
12 more not listed; retrieve them via the Exa API.