Legal Opinion · Dissent

State ex rel. Hetzler v. Snyder

Piqua Municipal Court

Decided May 10, 1950No. 487Published

1Dissent

Marshall, C. J.,

dissents from the Long case, supra, claiming that “the text-books and digests are all in harmony with the proposition that mistakes which are not related to misconduct or wrong-doing should be corrected * * *” (Citing cases.)

A new and important aspect is added to the non-impeachment rule in the case of Phillips v. Board of Education, 21 Oh Ap 194 (2/4/1924), Judge Cushing of the Court of Appeals of Pickaway County, after affirming the non-impeachment rule, added in his opinion: “These cases were decided prior to the amending of the Constitution in 1912, and the enactment of…

2Cases cited6 opinions

  1. Clyde Mattox v. United StatesSupreme Court of the United States · 1892
  2. Emmert v. StateOhio Supreme Court · 1933
  3. Schneider v. State Ex Rel. ShorfOhio Court of Appeals · 1929
  4. Lund v. KlineOhio Court of Appeals · 1937
  5. Emmert v. StateOhio Court of Appeals · 1933

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