State ex rel. Potain v. Mathews

Despite the factual complexity of the proceedings culminating in this appeal, the legal issues presented herein are relatively simple. The principal question before this court is whether & common pleas court is bound by the mandate of an appellate court rendered in a prior appeal in the same case.

Eespondent-appellant, the judge in the Common Pleas Court, contends that he did not abuse his discretion by refusing to strike the second amended complaint in the caso then before him. The short answer to this contention is that appellant had no discretion to refuse to strike that complaint, at least…