Legal Opinion

Ostrander v. Preece

Ohio Supreme Court

Decided June 12, 1935No. 24976PublishedCited by 30 opinions

1Opinion of the CourtDay, J.

Is Section 10503-18, General Code, constitutional? Does it deprive the heirs of Clara H. Stoddard of their vested or property rights without due process of law? Does it establish a presumption of the order of death contrary to the facts? These are the major questions raised by plaintiffs in error and we shall consider them in their order.

To determine whether Section 10503-18, General Code, is constitutional, it is necessary for us to ascertain whether, in its enactment, the General Assembly has exceeded the limitations placed upon it by the Constitution.

The power to make laws is conferred…

2Cases cited2 opinions

  1. Lane v. WalkerCalifornia Supreme Court · 1895
  2. Evans v. PriceIllinois Supreme Court · 1886

3Cited by30 opinions

  1. State ex rel. Ohio Academy of Trial Lawyers v. ShewardOhio Supreme Court · 1999
  2. Bielat v. BielatOhio Supreme Court · 2000
  3. Viers v. DunlapOhio Supreme Court · 1982
  4. State ex rel. Ohio Academy of Trial Lawyers v. ShewardOhio Supreme Court · 1999
  5. Bennett v. CainSupreme Court of North Carolina · 1958

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