State ex rel. Fanning v. Board of County Commissioners

Ohio Circuit Courts

State ex rel. Fanning v. Board of County Commissioners

19 Ohio C.C. 627

DecidedNovember 15, 1899

StatusPublished

This text of 19 Ohio C.C. 627 (State ex rel. Fanning v. Board of County Commissioners) is published on Counsel Stack Legal Research, covering Ohio Circuit Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Fanning v. Board of County Commissioners, 19 Ohio C.C. 627 (Ohio Super. Ct. 1899).

Pincite

Opinion

CALDWELL, J.

Section 2334b, Revised Statutes, is mandatory and is made condition precedent to be complied with before the board of county commissioners can make a lawful contract, and the certificate is as much a condition precedent as is the fact that the funds are provided. As the certificate is not averred to have been made, the petition stands confessed that none was made, and without it the contract has no validity.

The motion for judgment on the pleadings is granted.

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CALDWELL, J.

Section 2334b, Revised Statutes, is mandatory and is made condition precedent to be complied with before the board of county commissioners can make a lawful contract, and the certificate is as much a condition precedent as is the fact that the funds are provided. As the certificate is not averred to have been made, the petition stands confessed that none was made, and without it the contract has no validity.

The motion for judgment on the pleadings is granted.

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Bluebook (online)

19 Ohio C.C. 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-fanning-v-board-of-county-commissioners-ohiocirct-1899.