Ohio Ex Rel. Eaton v. Price

The judgment is affirmed by an equally divided Court.

Mr. Justice Stewart took no part in the consideration or decision of this case. Mr. Justice Brennan, with whom The Chief Justice, Mr. Justice Black, and Mr. Justice Douglas join.

The judgment of the Ohio Supreme Court in this case is being affirmed ex necessitate, by an equally divided Court. Four of the Justices participating are of opinion that the judgment should be affirmed, while we four think it should be reversed. Accordingly, the judgment is without force as precedent. The Antelope, 10 Wheat. 66, 126; Etting v. Bank of the United,…