State Ex Rel. Motter v. Atkinson

The relator’s status as probate judge for Vinton county and his right to maintain the action as .such are beyond successful attack. Even if he had failed to give a proper bond upon his election, and for that reason failed to qualify, he held over under his original appointment and was qualified to act as probate judge in fixing the amounts necessary for the operation of the court and in making budget requests.

The fact that he failed to make his budget requests for the year 1945 during the time fixed by Section 5625-20, General Code, is not fatal. The statute in that regard is directory and…