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STATE, EX REL. BLES v. MERRICK

No. 38777

2 Ohio St. 2d 13 (1965)

THE STATE, EX REL. BLES, APPELLANT, v. MERRICK, APPELLEE.

Supreme Court of Ohio.

Decided March 31, 1965.

Attorney(s) appearing for the Case

Messrs. Jones, Emmett & Weisberger and Mr. Richard L. Emmett, for appellant.

Messrs. Rippner & Schwartz and Mr. Ellis V. Rippner, for appellee.

ZIMMERMAN, J.

Omitting some preliminary incidents, the facts are that on September 21, 1963, relator, appellant herein, appeared in the Probate Court of Cuyahoga County for the purpose of filing an affidavit under Section 5122.11, Revised Code, to initiate proceedings for the hospitalization of her husband because of mental incompetency. A divorce proceeding was then pending between relator and her husband. A deputy clerk refused to accept and file the affidavit,...

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