Legal Opinion

Saunders v. State

Ohio Circuit Courts

Decided October 15, 1887Published

Error to the Court of Common Pleas of Miami County. This was an action in the court below, by the defendant in error against the plaintiff in error, praying for a writ of mandamus to compel him to pay to defendant in error the sum of $71.00 out of the tuition funds in his hands belonging to Staunton Township.

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Error to the Court of Common Pleas of Miami County. This was an action in the court below, by the defendant in error against the plaintiff in error, praying for a writ of mandamus to compel him to pay to defendant in error the sum of $71.00 out of the tuition funds in his hands belonging to Staunton Township. The petition averred that the plaintiff in error was the duly elected and qualified treasurer of Staunton township, Miami county O., and as such had, on August 28,1886, and still has in his possession, and under his control, ample funds for the purpose of paying out the same in support…

1Opinion of the CourtStewart, J.

The provisions of the statutes in relation to the levy and apportionment of school funds to the different townships, are as follows :•

The board of education' between the third Monday in April and the first Monday in June, annually, shall determine as nearly as practicable the entire amount of money necessary to be levied as a contingent fund for schools, school houses, etc., of the district, after the state school funds are exhausted. Rev. Stats. § 3958 (81 O. L. 178).

This amount is certified to the county auditor, and collected by him as a contingent fund. Rev. Stats. § 3960.

The state school…

2Cases cited1 opinion

  1. State ex rel. Werden v. WilliamsOhio Supreme Court · 1876

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