State ex rel. Maxwell v. Wilson

Ohio Supreme Court

State ex rel. Maxwell v. Wilson

1 Ohio Law. Abs. 40

CourtOhio Supreme Court

DecidedJuly 1, 1922

DocketNo. 17492

StatusPublished

This text of 1 Ohio Law. Abs. 40 (State ex rel. Maxwell v. Wilson) 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.

Bluebook

State ex rel. Maxwell v. Wilson, 1 Ohio Law. Abs. 40 (Ohio 1922).

Pincite

Opinion

WANAMAKER, J.:

1. Sections 4729, 4731, 4748 et seq., General Code, providing for the organization of school districts in Ohio, election of members thereof, and vacanies therein, are valid and constitutional enactments. (State, ex rel. Directors of Eastern and Western School Districts of Cincinnati v. City of Cincinnati, 19 Ohio, 178, and Mills v. City Board of Elections, 54 Ohio St., 631, approved and followed.)

2. There is no vacancy in the office of a member of the Board of Education, where such member, who has been duly elected, takes the official oath at any time during the first day of the official term' and “before entering” upon his official duties, pursuant to Sections 4729 and 4731, General Code.

Judgment for relator.

Hough, Robinson, Jones, Matthias and Clark, JJ., concur.

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WANAMAKER, J.:

1. Sections 4729, 4731, 4748 et seq., General Code, providing for the organization of school districts in Ohio, election of members thereof, and vacanies therein, are valid and constitutional enactments. (State, ex rel. Directors of Eastern and Western School Districts of Cincinnati v. City of Cincinnati, 19 Ohio, 178, and Mills v. City Board of Elections, 54 Ohio St., 631, approved and followed.)

2. There is no vacancy in the office of a member of the Board of Education, where such member, who has been duly elected, takes the official oath at any time during the first day of the official term' and “before entering” upon his official duties, pursuant to Sections 4729 and 4731, General Code.

Judgment for relator.

Hough, Robinson, Jones, Matthias and Clark, JJ., concur.

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Bluebook (online)

1 Ohio Law. Abs. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-maxwell-v-wilson-ohio-1922.