State ex rel. Claver v. Broute

Bronson, Oh. J.

(further dissenting). Upon a mere technicality, without precedent in law and without basis in reasoning, as I view it, the majority opinion has reversed the action of the trial court, dismissed the writ and refused to consider tire only question properly before this court, namely, the constitutionality of the statute involved.

It must be conceded that such disposition of this cause upon a mere technicality has no other effect than to require the parties to perform the useless ceremony of again initiating by certiorari this very proceeding in the trial court. The only effect of…