Coshocton Real Estate Co. v. Smith

The sole question presented in the Court of Appeals and in this court is whether the trial court was in error in overruling the defendants*' demurrer to the plaintiff’s petition.

The plaintiff states that it instituted this action under favor of Section 12102-1, General Code, which provides in part that “courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed.”

The defendants contend that these provisions are restricted by the following language of Section 12102-2, General…