State Ex Rel. Shaffer v. Defenbacher

By the Court.

The respondent admits his refusal to execute the requested certificate and 'states that his reason therefor is the insufficiency of the unincumbered balance in “the highway construction fund” established by the provisions of Section 5541-7, General Code.

The amount of the unincumbered balance in this fund depends on the meaning of amended Section 5537, General Code. The amendment became effective September 24, 1947, and reads in part as follows:

“Upon receipt of taxes levied by Sections 5526 to 5541-8, both inclusive, of the General Code, the Treasurer of State shall place the…