State ex rel. Fenner v. Board of County Commissioners

Ohio Circuit Courts

State ex rel. Fenner v. Board of County Commissioners

20 Ohio C.C. 659

DecidedOctober 15, 1900

StatusPublished

This text of 20 Ohio C.C. 659 (State ex rel. Fenner 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. Fenner v. Board of County Commissioners, 20 Ohio C.C. 659 (Ohio Super. Ct. 1900).

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Opinion

SWING, J.

We are unable to distinguish this case from the oases of Hixson v. Burson, 54 Ohio St., 470; State ex rel. v. Davis, 55 Ohio St., 15, and Mott v. Hubbard, 59 Ohio St., 199, and therefore feel bound to hold the act in question unconstitutional. The fact that the law in question does not specifically point out what levee used as a road or bridge approach is tobe improved or repaired by the money realized from the sale of bonds, it seems to us can make no difference. The act still remains local, and the subject of roads and bridge approaches is a matter of a general nature, as decided by the above cases.

Injunction allowed as prayed for.

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SWING, J.

We are unable to distinguish this case from the oases of Hixson v. Burson, 54 Ohio St., 470; State ex rel. v. Davis, 55 Ohio St., 15, and Mott v. Hubbard, 59 Ohio St., 199, and therefore feel bound to hold the act in question unconstitutional. The fact that the law in question does not specifically point out what levee used as a road or bridge approach is tobe improved or repaired by the money realized from the sale of bonds, it seems to us can make no difference. The act still remains local, and the subject of roads and bridge approaches is a matter of a general nature, as decided by the above cases.

Injunction allowed as prayed for.

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Bluebook (online)

20 Ohio C.C. 659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-fenner-v-board-of-county-commissioners-ohiocirct-1900.