Muskingum Watershed Conservancy Dist v. Crise

OPINION

By DEVIN, J.

At this time this cause comes before the court in respect to only one phase, or matter, connected therewith: On December 3, 1938, a motion of the defendants to dismiss the petition of the plaintiff upon two separate grounds stated in two branches was presented to the court. Whereupon, counsel withdrew the first branch of the motion and same was submitted upon the second branch; and it was argued by counsel for both plaintiff and defendants. After presentation and argument, counsel for plaintiff stated in open court, on behalf of plaintiff, that he consented that the motion…