Legal Opinion

State ex rel. Carmean v. Board of Education

Ohio Supreme Court

Decided March 23, 1960No. 36141Published

1Opinion of the CourtMatthias, J.

The first assignment of error urged by appellant is that the Court of Appeals erred in remanding the cause to the Court of Common Pleas for execution of a mandate issued on December 27, 1958, commanding the performance of an act under authority of Section 3311.261, Revised Code, despite the expiration of the statute by its own terms on January 1, 1959.

That part of Section 3311.261, Revised Code, which is of immediate concern to us in relation to this assignment read as follows:

“Notwithstanding Sections 3311.22, 3311.23 and 3311.26 of the Revised Code, until January 1, 1959, a county board of…

2Cases cited3 opinions

  1. Trumbull County Board of Education v. State Ex Rel. Van WyeOhio Supreme Court · 1930
  2. State Ex Rel. Morse v. ChristiansonWisconsin Supreme Court · 1952
  3. Cunningham v. SmithSupreme Court of Kansas · 1936

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