State ex rel. Fanning v. Cuyahoga Co.

Cuyahoga Circuit Court

State ex rel. Fanning v. Cuyahoga Co.

10 Ohio Cir. Dec. 532

Cuyahoga Circuit Court·Decided November 15, 1899·Published

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.

State ex rel. Fanning v. Cuyahoga Co., 10 Ohio Cir. Dec. 532 (Ohio Super. Ct. 1899).

Pincite

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