State ex rel. Columbus Mutual Life Ins. v. Brown

Ohio Supreme Court

State ex rel. Columbus Mutual Life Ins. v. Brown

167 Ohio St. (N.S.) 309

CourtOhio Supreme Court

DecidedFebruary 11, 1958

DocketNo. 35398

StatusPublished

This text of 167 Ohio St. (N.S.) 309 (State ex rel. Columbus Mutual Life Ins. v. Brown) 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.

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State ex rel. Columbus Mutual Life Ins. v. Brown, 167 Ohio St. (N.S.) 309 (Ohio 1958).

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Opinion

Per Curiam.

Section 3907.03, Revised Code, provides that, when the Attorney General finds that the articles of incorporation (or amendment thereto) are “in accordance with Sections 3907.01 to 3907.21, inclusive, of the Revised Code, and not inconsistent with the Constitution and laws of the United States and of this state, he shall certify to and deliver them to the Secretary of State, who shall cause them * * * to be recorded.”

The Attorney General has not so certified, and, until he does, there is no clear duty imposed on the Secretary of State to file the certificate of amendment, and the prerogative writ of mandamus should be denied.

Since the demurrer to the answers searches the record, we sustain the demurrer as a demurrer to the petition and deny the writ.

Writ denied.

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

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