Legal Opinion

Oakwood city v. Fulton

Ohio Court of Appeals

Decided April 19, 1933No. 1163PublishedCited by 2 opinions

1Opinion of the CourtBarnes, J.

Counsel for plaintiff in error in support of his contention that pro rated dividends be allowed upon the full amount of the claim as of the date that the Superintendent of Banks took charge without deductions cites the case of Myers v Bank, 173 U. S., 131. There is no question that this authority supports the contention of plaintiff in error, but is this the law in Ohio?

It is a well recognized principle that if the Supreme Court of Ohio has promulgated and announced a legal principle it is binding on all inferior courts in the State, even though it may be contrary to the rule announced in the…

2Cases cited2 opinions

  1. Merrill v. National Bank of JacksonvilleSupreme Court of the United States · 1899
  2. Perry County ex rel. Crossen v. Tracy, Pennsylvania Court of Common Pleas, Perry County1908

3Cited by2 opinions

  1. Selby v. Indust. Comm.Ohio Court of Appeals · 1942
  2. City of Akron v. Fidelity & Casualty Co.Court of Appeals for the Sixth Circuit · 1943

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