Legal Opinion · Dissent

State ex rel. Masterson v. Ohio State Racing Commission

Ohio Supreme Court

Decided December 7, 1955No. 34433Published

1DissentTaft, J.

This cause is now before the court on the “special demurrer to petition” of the Racing Commission stating as grounds therefor that “the court has no jurisdiction of the subject of the action” and the “plaintiffs have not the legal capacity to sue”; and also on the “motion” of Columbus Trotting Association, Inc., an intervening defendant, “for an order striking from its files the petition * * * for the * * * reasons” that “the court has no jurisdiction of the subject of the action,” that “the forum is inappropriate to a determination of the issues” and “that the issue presented * * * is res…

2Cases cited2 opinions

  1. State Ex Rel. Stanley v. BernonOhio Supreme Court · 1933
  2. State Ex Rel. Smith v. HummelOhio Supreme Court · 1946

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