Seibert v. Herring

Ohio Supreme Court June 5, 1929

Seibert v. Herring, 7 Ohio Law. Abs. 367 (Ohio 1929)

Allen, Day, From, Jones, Kinkade, Marshall, Matthias, Robinson, Syllabus

Opinion of the Court

Syllabus by

ALLEN, J

PLEADINGS — Trial (590 E3h)

(440 D) The admission arising from a demurrer is not to be regarded as evidence or considered as equivalent to evidence. It merely denies the legal sufficiency of the facts alleged, and hence such facts áre admitted solely for the purpose of testing their sufficiency in law.

Marshall, CJ, Kinkade, Matthias and, Day, JJ, concur. Robinson and' Jones, JJ, concur in the syllabus, but dissent from the judgment.

Reference

Full Case Name: SEIBERT, Recr v. HERRING
Status: Published