Legal Opinion

State ex rel. Board of Education v. Griffith

Ohio Supreme Court

Decided April 3, 1906No. 9051Published

Error to the Circuit Court of Hamilton county. On the thirty-first day of May, 1887, the Board of Education of the School District of Cincinnati adopted a rule, which reads as follows: '“None but the children, wards and apprentices of actual residents of Cincinnati or free-holders whose homesteads are in part in Cincinnati shall, under any circumstances, be admitted free to the common schools of the city; and in cases of wards and apprentices Record evidence of the right of…

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Error to the Circuit Court of Hamilton county. On the thirty-first day of May, 1887, the Board of Education of the School District of Cincinnati adopted a rule, which reads as follows: '“None but the children, wards and apprentices of actual residents of Cincinnati or free-holders whose homesteads are in part in Cincinnati shall, under any circumstances, be admitted free to the common schools of the city; and in cases of wards and apprentices Record evidence of the right of admission shall be furnished whenever required. Children, wards and apprentices of non-residents may be admitted by the…

1Opinion of the CourtDavis, J.

There is- no- proposition of law more firmly settled in this state than that sureties are not liable beyond the letter of their contract. In this case the defendants are sureties on the bond of the *93clerk of the hoard of education, executed as provided in section 4050, Revised Statutes, and conditioned “that he shall faithfully perform all of the official duties required of him as clerk of said board. ’ ’ The clerk was a defaulter for a considerable amount of tuition fees which he had received and failed to pay over. Was this a breach of the bond?

There is nothing in the statutes which define…

2Cases cited6 opinions

  1. People of the State of N.Y. v. . PennockNew York Court of Appeals · 1875
  2. County of San Luis Obispo v. FarnumCalifornia Supreme Court · 1895
  3. State v. MooreNebraska Supreme Court · 1898
  4. Orton v. City of LincolnIllinois Supreme Court · 1895
  5. Wilson v. StateSupreme Court of Kansas · 1903

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