State ex rel. Sheppard v. Magnet

Ohio Supreme Court

State ex rel. Sheppard v. Magnet

1 Ohio Law. Abs. 10

CourtOhio Supreme Court

DecidedJuly 1, 1922

DocketNo. 17516

StatusPublished

This text of 1 Ohio Law. Abs. 10 (State ex rel. Sheppard v. Magnet) 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. Sheppard v. Magnet, 1 Ohio Law. Abs. 10 (Ohio 1922).

Pincite

Opinion

HOUGH, J.:

1. A member of a board of education of a township rural school district, residing in territory transferred therefrom in the creation of a new district, under the pi’ovisions of Section 4692, Genex'al Code, automatically becomes a non-resident of the old district, and ceases to be a member of such board of education at the time the transfer is complete.

2. A motion to fill vacancies, made by one and seconded by another, neither of whom are members, in a meeting of a board of education of a rural township school district, called for that purpose, recognized by the president and by him put ,to a vote and carried by the votes of the two non-members, can have no legal effect, and the action thus attempted is a nullity.

Judgxnent for relator.

Marshall, C. J., Wanámaker, Robinson, Matthias and Clark, JJ., concur. I

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HOUGH, J.:

1. A member of a board of education of a township rural school district, residing in territory transferred therefrom in the creation of a new district, under the pi’ovisions of Section 4692, Genex'al Code, automatically becomes a non-resident of the old district, and ceases to be a member of such board of education at the time the transfer is complete.

2. A motion to fill vacancies, made by one and seconded by another, neither of whom are members, in a meeting of a board of education of a rural township school district, called for that purpose, recognized by the president and by him put ,to a vote and carried by the votes of the two non-members, can have no legal effect, and the action thus attempted is a nullity.

Judgxnent for relator.

Marshall, C. J., Wanámaker, Robinson, Matthias and Clark, JJ., concur. I

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Bluebook (online)

1 Ohio Law. Abs. 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-sheppard-v-magnet-ohio-1922.