Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 21

Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 21

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...upon the following authorities: Mack v. Brammer, 28 Ohio St. 508; Scovem v. State, 6 Ohio St. 288; Hurford v. Oma-ha City, 4 Neb. 336; Shellenbergor v. Ransom, 41 Neb. 631 59 N. W. Rep. 935; 25 L. R. A. 564; Ives v. McNicoll, 59 Ohio St. 402 53 N. E. Rep. 60; 43 L. R. A. 772; 69 Am. St, Rep. 780; State v. Akins, 10 Circ. Dec. 121 (18 R. 349). (i. S. Marshall, city solicitor, and E. L. Weinland, for defendant: Cited and commented upon the following authorities: People v. Butler, 147 N. Y. 164 41 N. E. Rep. 416; Shellenberger v. Ransom, 41 Aflirmed, no op., Noble' v. State, 81 O. S. 550. SULLIVAN, J. The petition of relators shows that they furnished for use of the fire department of the city of Columbus a quantity of oats, which was accepted by the city, and that a voucher therefor was approved by Foster C. Burdell, as director of the department of public safety of said city; that they presented said approved voucher to the respondent and demanded that he issue his warrant as city auditor on the treasury of said city for the amount of said approved voucher, which was refused by said respondent, and that he still refuses to issue the same. They, therefore, pray that they may have the order of this court requiring him to do so. To this petition the respondent has demurred, and for his ground of demurrer states that the petition does not state facts suflicient to constitute a cause of action and to entitle the relators to the relief prayed for. Counsel for respondent in support of the demurrer contends that Foster C. Burdell was not at the time he approved said voucher, or at any time theretofore, or now is, the director of the department of public safety of said city, and therefore, was without authority to approve it, for the more

Product details

  • Paperback | 294 pages
  • 189 x 246 x 16mm | 531g
  • United States
  • English
  • black & white illustrations
  • 1236855604
  • 9781236855602