State ex rel. Braman v. Masheter

The questions presented by this appeal are whether the Court of Appeals erred in granting the motion to quash service of summons and in sustaining the demurrer to the petition.

It is provided in Section 5501.18, Revised Code:

“The Director of Highways shall not be suable, either as a sole defendant or jointly with other defendants, in any court outside Franklin County except * * # by a property owner to prevent the taking of property without due process of law, in which case suit may be brought in the county where such property is situated * * #.”

Under this statute, the director may not be sued…