State, ex Rel. v. Baer

2 Citing cases

  1. State, ex Rel. v. Judges

    78 N.E.2d 900 (Ohio 1948)   Cited 1 times

    Therefore, the demurrer to the petition is sustained and a writ of mandamus is denied. Section 12287, General Code. Compare State, ex rel. Berman, v. Baer, Judge, 147 Ohio St. 243, 70 N.E.2d 453. Writ denied.

  2. Jacob v. Davis

    128 Md. App. 433 (Md. Ct. Spec. App. 1999)   Cited 20 times   1 Legal Analyses
    Holding that beneficiary's claims of contract, negligence, and conversion were not viable because they were not exclusively equitable in nature and that claims by a beneficiary against a trustee must be brought in equity as the plaintiff has no right to a jury trial

    Nor do we interpret the provision in section 10.02 of the will that the trustees "shall be excused from filing any account with any court" to mean that the testator intended to remove the jurisdiction of a court of equity to require an accounting upon the reasonable request of a beneficiary. See Salter v. Salter, 70 N.E.2d 453, 458 (1952). See also Bogert, supra, ยง 973.