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36 Ohio Law. Abs. 282

Jacobs v. Porter

Ohio Court of Appeals

Decided September 18, 1941

Ohio Court of Appeals · decided 1941-09-18

Decided 1941-09-18

¶1APPLICATION FOR REHEARING

¶2No. 3273. Decided Sept. 30th, 1941.

BY THE COURT:

¶3Submitted on application of appellee for rehearing for tne reason that the Court’s decision is contrary to law and in conflict with the judgment in In re Guardianship Watts, 60 Oh Ap 307.

¶4We discussed this case at length in our former decision and concluded that although the law of the headnote was contrary to the principle which we held to be controlling, the judgment itself upon the narrow question presented was noc in conflict with ours.

¶5■ The application will, therefore, be denied.

¶6' The application may also be considered as a motion to certify our judgment as in conflict with the cited case. This motion will also be overruled.

iáÓR.NKECK and BaBneS, JJ„ ’’ 'Concur:ofelGÉR.',- Pi.; dissent's.- '
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