State Ex Rel. McCaw v. Ferguson

The question of fact presented by the pleadings is whether there are sufficient funds to the credit of the Division of Aid for the Aged to meet and pay warrants which the relator seeks to have drawn by the respondent pursuant to the purchase order and vouchers of the relator. Whether there are funds available for such purpose turns upon the constitutional validity of the statutory provisions involved and the actions of the Controlling Board pursuant thereto which are challenged by the respondent.

Section 1359-17, General Code (115 Ohio Laws, pt. 2, 436), prior to its amendment effective August…