Legal Opinion · Concurrence

State Ex Rel. Hecht v. Zangerle

Ohio Supreme Court

Decided March 26, 1947No. 30783Published

1ConcurrenceZimmerman, J.

Of course, sales of forfeited lands in Ohio are governed by statute. In making such sales, Section 5752, General Code, should be substantially complied with and certainly may not be circumvented on any captious or . arbitrary basis. However, that statute is directory in the sense that some discretion is left to the county auditor in managing- sales conducted under the statute.

It is to be remembered that a county auditor is a public officer and an agent of the people. He is required to use judgment and discretion in performing his official acts and is under the duty to proceed with prudence…

2Cases cited3 opinions

  1. State Ex Rel. Greenward Realty Co. v. ZangerleOhio Supreme Court · 1939
  2. Ray v. FryeArizona Supreme Court · 1941
  3. Pomeroy v. HogleArizona Supreme Court · 1945

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