Ohio Wesleyan Univ. Trustees v. State, Ex Rel.

The Supreme Court of Ohio has not directly passed on this question.

There has been cited from both sides three cases decided by different Courts of Appeals in this state:

Anderson v Gray, 12 Abs, 161.

Cole v State ex, 14 Abs 464.

State v Weinberger, 44 Oh Ap, 264 (13 Abs 554).

Neither of these cases had the direct question before them, but each of the cases involve the same subject matter, and the principles of law announced are in point.

We have previously referred to 124 Oh St, supra, wherein the Supreme Court held that the superintendent of banks would have no right to bring the action to…