Alexander v. City of Toledo

Ohio Supreme Court

Alexander v. City of Toledo

168 Ohio St. (N.S.) 495

CourtOhio Supreme Court

DecidedFebruary 11, 1959

DocketNo. 35781

StatusPublished

This text of 168 Ohio St. (N.S.) 495 (Alexander v. City of Toledo) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alexander v. City of Toledo, 168 Ohio St. (N.S.) 495 (Ohio 1959).

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Opinion

Per Curiam.

The question, the answer to which is determinative of this case, is whether the words, “for municipal purposes only, but not for school purposes,” appearing in the caption of the ballot were unauthorized and thus invalidated the election. This court is of the opinion that the quoted words were unauthorized in the light of Section 3505.06, Revised Code, and that their use in the ballot invalidated the election:

[496]*496The judgment of the, Court of Common Pleas is reversed on authority of Beck v. City of Cincinnati, 162 Ohio St., 473, 124 N. E. (2d), 120.

Judgment reversed.

Weygandt, C. J., Zimmerman, Stewart, Taet, Matthias, Bell and Herbert, JJ., concur.

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Per Curiam.

The question, the answer to which is determinative of this case, is whether the words, “for municipal purposes only, but not for school purposes,” appearing in the caption of the ballot were unauthorized and thus invalidated the election. This court is of the opinion that the quoted words were unauthorized in the light of Section 3505.06, Revised Code, and that their use in the ballot invalidated the election:

[496]*496The judgment of the, Court of Common Pleas is reversed on authority of Beck v. City of Cincinnati, 162 Ohio St., 473, 124 N. E. (2d), 120.

Judgment reversed.

Weygandt, C. J., Zimmerman, Stewart, Taet, Matthias, Bell and Herbert, JJ., concur.

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Bluebook (online)

168 Ohio St. (N.S.) 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-city-of-toledo-ohio-1959.