State Ex Rel. Mt. Sinai Hospital v. Hickey

Ohio Supreme Court June 18, 1941

State Ex Rel. Mt. Sinai Hospital v. Hickey, 35 N.E.2d 444 (Ohio 1941)

138 Ohio St. 389; 138 Ohio St. (N.S.) 389; 20 Ohio Op. 483; 1941 Ohio LEXIS 476

Covet, Turner, Williams, Zimmerman, Bettman, Weygandt, Hart, Matthias

Opinion of the Court

By the Covet.

All questions of law presented by the allegations designated one,- two and three above were decided in the per curiam opinion promulgated by this court when overruling the demurrers.

Neither the issue of reasonableness of water rates nor the issue of unjust discrimination is pleaded by the allegations designated “(4),” or submitted by argument of counsel for respondent.

No questions are before the court in addition to those *392 presented by tbe demurrers, and therefore the writs of mandamus will be issued.

Writs allowed.

Turner, Williams, Zimmerman and Bettman, JJ., concur. Weygandt, C. J., and Hart, J., dissent. Matthias, J., not participating.

Reference

Full Case Name: The State, Ex Rel. Mt. Sinai Hospital of Cleveland Et Al., v. Hickey, Dir. of Pub. Util. of City of Cleveland; The State, Ex Rel. Hagan, v. Hickey, Dir. of Pub. Util. of City of Cleveland; The State, Ex Rel. Calvary Cemetery Assn., v. Hickey, Dir. of Pub. Util. of City of Cleveland; The State, Ex Rel. Children’s Aid Society, v. Hickey, Dir. of Pub. Util. of City of Cleveland; The State, Ex Rel. Trinity Baptist Church, v. Hickey, Dir. of Pub. Util. of City of Cleveland; The State, Ex Rel. Bd. of Edn. of City School Dist. of City of Cleveland, v. Hickey, Dir. Of. Pub. Util. of City of Cleveland
Cited By: 1 case
Status: Published