Legal Opinion

State ex rel. Auto Loan Co. v. Jennings

Ohio Supreme Court

Decided May 8, 1968No. 41289PublishedCited by 9 opinions

1Opinion of the CourtO’Neill, J.

The question presented to this court for determination may be stated thus: Is the appellee under a clear legal duty to perform the official act demanded?

In support of the proposition that a clear legal duty exists, appellant argues (1) that the May 23, 1967, order of the Municipal Court vested it with title to the fund, thereby shielding the fund from recovery by the trustee, and (2) that the trustee’s appearance in the Municipal Court precludes him from obtaining the August 29, 1967, order in the United States District Court. Appellant does not contend that "Wheeler was solvent, within the…

2Cases cited30 opinions

  1. Heiser v. WoodruffSupreme Court of the United States · 1946
  2. Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
  3. Thompson v. FairbanksSupreme Court of the United States · 1905
  4. Humphrey v. TatmanSupreme Court of the United States · 1905
  5. Clarke v. LarremoreSupreme Court of the United States · 1902

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3Cited by9 opinions

  1. Bankr. L. Rep. P 76,102 in Re Battery One-Stop Ltd., Debtor. Battery One-Stop Ltd. v. Atari CorporationCourt of Appeals for the Sixth Circuit · 1994
  2. State ex rel. Finn v. City of Garfield HeightsOhio Supreme Court · 1973
  3. Sininger v. Fulton (In Re Sininger)United States Bankruptcy Court, S.D. Ohio · 1988
  4. In Re EvansUnited States Bankruptcy Court, N.D. Ohio · 1987
  5. Cherry v. DeleonOhio Court of Appeals · 1996

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