Arlington Seating Co. v. New Philadelphia School District

Houck, J.,

On March 27, 1933, on plaintiff’s petition, a writ of mandamus execution issued to the school directors and treasurer of the school district, hereinafter called respondents, to collect a judgment of $3,350. At the time, there were no unappropriated funds in the treasury. On May 1, 1933, on plaintiff’s petition for a writ of mandamus execution, the court directed respondents to pay the amount of the judgment out of the first funds received by the school district. The judgment was not paid, and on October. 23, 1933, plaintiff took a rule on respondents to show cause why they should…