Fulton v. Board of Education

Ohio Supreme Court

Fulton v. Board of Education

194 N.E. 10, 129 Ohio St. 182, 129 Ohio St. (N.S.) 182, 2 Ohio Op. 441, 1935 Ohio LEXIS 376

CourtOhio Supreme Court

DecidedJanuary 30, 1935

Docket24857

StatusPublished

This text of 194 N.E. 10 (Fulton v. Board of Education) 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

Fulton v. Board of Education, 194 N.E. 10, 129 Ohio St. 182, 129 Ohio St. (N.S.) 182, 2 Ohio Op. 441, 1935 Ohio LEXIS 376 (Ohio 1935).

Pincite

Opinion

This cause came on to be heard upon the transcript of the record of the Court of Appeals of Putnam county, and was argued by counsel. On consideration whereof Jones, Matthias and Day, JJ., reach the conclusion that no prejudicial error has intervened and that the judgment of the court below should be affirmed. Weygandt, C. J., Stephenson and Zimmerman, JJ., are of the opinion that the judgment should be reversed. Williams, J., having been a member of the Court of Appeals that heard and decided this case, and whose record is now before this court for consideration, does not participate.

For the foregoing reasons, there not being four judges that have reached a common conclusion, it follows that, there not being a majority of the court in favor of reversal, the judgment of the Court of Appeals stands affirmed.

Judgment affirmed.

Jones, Matthias and Day, JJ., concur. Williams, J., not participating.

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This cause came on to be heard upon the transcript of the record of the Court of Appeals of Putnam county, and was argued by counsel. On consideration whereof Jones, Matthias and Day, JJ., reach the conclusion that no prejudicial error has intervened and that the judgment of the court below should be affirmed. Weygandt, C. J., Stephenson and Zimmerman, JJ., are of the opinion that the judgment should be reversed. Williams, J., having been a member of the Court of Appeals that heard and decided this case, and whose record is now before this court for consideration, does not participate.

For the foregoing reasons, there not being four judges that have reached a common conclusion, it follows that, there not being a majority of the court in favor of reversal, the judgment of the Court of Appeals stands affirmed.

Judgment affirmed.

Jones, Matthias and Day, JJ., concur. Williams, J., not participating.

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Bluebook (online)

194 N.E. 10, 129 Ohio St. 182, 129 Ohio St. (N.S.) 182, 2 Ohio Op. 441, 1935 Ohio LEXIS 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fulton-v-board-of-education-ohio-1935.