Legal Opinion

State ex rel. Mitman v. Board of County Commissioners

Ohio Supreme Court

Decided April 11, 1916No. Nos. 15059 and 15060PublishedCited by 20 opinions

Error to the Court of Appeals of Greene county. Both of the above-entitled cases were admitted to the supreme court on certiorari from the court of appeals of Greene county, as being cases of public interest.

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Error to the Court of Appeals of Greene county. Both of the above-entitled cases were admitted to the supreme court on certiorari from the court of appeals of Greene county, as being cases of public interest. No. 15060 is an action commenced in the common pleas court of Greene county, under- favor of Sections 2296 to 2300, General Code, wherein R. D. Williamson and others, as board of county commissioners, asked authority from such court to transfer to the blind relief fund a balance of $1,300, the surplus in the sheep fund of the county after retaining the sum of $1,000, as provided for by…

1Opinion of the CourtNichols, C. J.

The sole question involved in both ca,ses is whether the last paragraph of Section 5653, General Code, amended as above stated, is mandatory on the board of county commissioners. •

*299If it is, then the Common pleas court, in its judgment of June 5, 1915, directing the transfer of this surplus to the blind relief fund, rendered an erroneous judgment and the motion of the county board of education to vacate and set aside the same should have been sustained, and likewise the application for a peremptory writ of mandamus should have been granted.

If this amended paragraph is to be construed as…

2Cases cited3 opinions

  1. Gardner v. CollectorSupreme Court of the United States · 1868
  2. Ellis County v. ThompsonTexas Supreme Court · 1901
  3. McCormick v. Village of West DuluthSupreme Court of Minnesota · 1891

3Cited by20 opinions

  1. State v. Marcum (Slip Opinion)Ohio Supreme Court · 2016
  2. Dorrian v. Scioto Conservancy DistrictOhio Supreme Court · 1971
  3. Williams v. Bear's Den, Inc.Supreme Court of Georgia · 1958
  4. Valley National Bank v. Apache CountyArizona Supreme Court · 1941
  5. Tanner v. Beverly Country Club, Inc.Supreme Court of Louisiana · 1950

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