Makemson v. Kauffman
Ohio Supreme Court
Error to the District Court of Logan county. The action below was brought by the plaintiff in error against the commissioners of Logan county and others, to enjoin the commissioners from contracting for the construction of a road improvement as prayed for by the petition of J oseph N. Kauffman and others.
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Error to the District Court of Logan county. The action below was brought by the plaintiff in error against the commissioners of Logan county and others, to enjoin the commissioners from contracting for the construction of a road improvement as prayed for by the petition of J oseph N. Kauffman and others. Erom the facts stated, it appeared that in April, 1874, the commissioners, upon said petition, appointed viewers and a competent surveyor, as required by the second section of the act relating to the laying out and improvement of highways, as amended March 31, 1868 (S. & S. 673), to examine…
1Opinion of the CourtBoynton, J.
The action of the commissioners on Octobe: 10, 1874, in rescinding the order of the 7th, dismissing the petition for the improvement for want of power to order the same, will be presumed, there being no averment to the contrary, to have been taken at the same session at which the order of dismissal was made. This action, therefore, was fully authorized. Until the session was closed, the power of the commissioners over all orders *454made upon the subject-matter of the road improvement was fully and completely within their control, and the-power to set aside their previous order was as fully…
2Cases cited1 opinion
- Rush v. RushOhio Supreme Court · 1876