Legal Opinion

Kontner v. Kennedy

Ohio Court of Appeals

Decided March 20, 1931Published

1Opinion of the CourtBlosser, J.

Error is prosecuted to this court, and the legal question presented is whether or not the trial court erred in overruling the demurrér to the petition. It is urged that Kontner, being the plaintiff and an interested party in the action before the justice, seivice by him as special constable was void; that his appointment as special constable was unauthorized and void and in violation of §1732 GC. The record presents an interesting question of law and one that has not been directly decided by the courts of Ohio.

Sec 1732 GC provides:

“At the request of a party, and on being satisfied that it is…

2Cases cited4 opinions

  1. Gadsby v. StimerMichigan Supreme Court · 1890
  2. Barney v. VigoureauxCalifornia Supreme Court · 1888
  3. Morton v. CraneMichigan Supreme Court · 1878
  4. Union Mutual Fire Insurance v. PageMichigan Supreme Court · 1886

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