State, Ex Rel. Reeves v. Hillyer

Ohio Supreme Court

State, Ex Rel. Reeves v. Hillyer

191 N.E. 2, 128 Ohio St. 294, 128 Ohio St. (N.S.) 294, 1934 Ohio LEXIS 312

CourtOhio Supreme Court

DecidedApril 25, 1934

Docket24598

StatusPublished

Cited by1 cases

This text of 191 N.E. 2 (State, Ex Rel. Reeves v. Hillyer) 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. Reeves v. Hillyer, 191 N.E. 2, 128 Ohio St. 294, 128 Ohio St. (N.S.) 294, 1934 Ohio LEXIS 312 (Ohio 1934).

Pincite

Opinion

This cause came on to be heard upon the petition of the relators for a writ of mandamus, the answer of the respondent, the reply of the relators and the demurrer *295 of the respondent thereto, and was argued by counsel. On consideration whereof this court finds:

(1) The demurrer to the reply searches the entire record;

(2) Ordinance No. 2670 of the City of Warren, providing for electric street lighting and for rates to be charged consumers of electricity, was subject to referendum ;

(3) That under the conceded facts of this case the referendum on such ordinance was not instituted in compliance with Section 5 of Article XVIII of the Constitution of Ohio.

It is therefore ordered and adjudged that the demurrer be, and the same is hereby, sustained and a writ of mandamus is denied on authority of Ohio River Power Co. v. City of Steubenville, 99 Ohio St., 421.

Writ denied.

Weygandt, C. J., Jones, Matthias, Bevis and Wilkin, JJ., concur. Stephenson and Zimmerman, JJ., dissent.

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