Birkbeck v. Wadsworth Board of Education

Plaintiff, a nonteaching employee of the city of Wadsworth, Ohio Board of Education, in her petition seeks a declaratory judgment as to her rights to sick leave under Section 143.29, Revised Code; and prays that she may be entitled to sick leave pay for the period from October 21, 1966, through December 3, 1966, when she was necessarily absent from her regularly assigned duties in order to care for her husband who suffered a heart attack.

*247Defendant demurred on the ground that the petition did not state a cause of action. Defendant’s demurrer was overruled and thereafter an agreed stipulation…