State ex rel. Osborn v. Fairfield County Board of Elections

For the following reasons, we allow the writ. Respondent’s motion to dismiss (which presumably is a motion to dismiss for failure to state a claim on which relief can be granted, although not identified as such) is overruled. It in no way appears “beyond doubt from the complaint that the plaintiff can prove no set of facts entitling him to recovery.” O’Brien v. Univ. Community Tenants Union (1975), 42 Ohio St.2d 242, 71 O.O.2d 223, 327 N.E.2d 753, syllabus. Moreover, instead of admitting the material allegations of the complaint as required by State ex rel. Alford v. Willoughby Civ. Serv.…