State Ex Rel. Ellsworth v. Mong

By the Court.

This action is an original one seeking a writ of mandamus commanding the Auditor of Summit county to issue a warrant upon the County Treasurer in the sum of $34,505.77 as a refund of overpaid inheritance taxes. All the material allegations of the petition are admitted in the answer, and the relator has filed a motion for judgment on the pleadings in his favor.

Defendants contend that Sections 5339 and 5348-12, General Code, which provide for such refund (called in the statutes a “refunder”) are in contravention of Article XII, Section 9 of the state Constitution, which provides…