Legal Opinion

Urner, Aud. v. State, Ex Rel. Alcorn

Ohio Court of Appeals

Decided May 6, 1935Published

1Opinion of the CourtMatthews, J.

This action in mandamus arose out of certain expenditures claimed to have been unauthorized by law — expenditures from the “Motor Vehicle License Fund” and the “Gasoline Tax Fund” made by the city of Cincinnati in the year 1929. Later, by amendment to the petition and supplemental petition, the action was enlarged to include expenditures from those funds in 1930, 1931 and the first half of 1932, and the interest earned on the funds, but credited to the general fund.

The laws imposing an automobile license tax and a tax on gasoline have always prescribed the use to which the money could be…

2Cases cited8 opinions

  1. United States Ex Rel. International Contracting Co. v. LamontSupreme Court of the United States · 1894
  2. County Commissioners v. City of JacksonvilleSupreme Court of Florida · 1895
  3. Barkley v. Levee CommissionersSupreme Court of the United States · 1876
  4. People ex rel. Attorney-General v. ReisCalifornia Supreme Court · 1888
  5. Durbin v. Barber & BarneyOhio Supreme Court · 1846

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