State ex rel. Fanning v. Cuyahoga Co.

Cuyahoga Circuit Court

State ex rel. Fanning v. Cuyahoga Co.

10 Ohio Cir. Dec. 532

DecidedNovember 15, 1899

StatusPublished

This text of 10 Ohio Cir. Dec. 532 (State ex rel. Fanning v. Cuyahoga Co.) is published on Counsel Stack Legal Research, covering Cuyahoga Circuit Court 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. Cuyahoga Co., 10 Ohio Cir. Dec. 532 (Ohio Super. Ct. 1899).

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Opinion

Caldwell, J.

Section 2834, Rev. Stat., 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 2834, Rev. Stat., 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)

10 Ohio Cir. Dec. 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-fanning-v-cuyahoga-co-ohcirctcuyahoga-1899.