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7 Ohio Law. Abs. 367

167 N.E 383

Seibert v. Herring

Ohio Supreme Court

Decided June 5, 1929

Ohio Supreme Court · decided 1929-06-05

Decided 1929-06-05

¶1Syllabus by

ALLEN, J

¶2PLEADINGS — Trial (590 E3h)

¶3(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.
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