State v. Lanser

Ohio Supreme Court

State v. Lanser

2 Ohio Law. Abs. 423

CourtOhio Supreme Court

DecidedJune 17, 1924

DocketNo. 18295

StatusPublished

This text of 2 Ohio Law. Abs. 423 (State v. Lanser) 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 v. Lanser, 2 Ohio Law. Abs. 423 (Ohio 1924).

Pincite

Opinion

ALLEN, J.

1. Under Section 4256 of! the General Code, when the mayor of a village is absent from the village or is unable for any cause to perform his duties, the president pro tem. of council becomes acting mayor and is invested with all powers of the mayor, including his judicial powers.

2. Where the president of the council in the absence of the mayor administers the oath to an affidavit charging a misdemeanor, and issues the warrant, signing his name to affidavit as “T. B. Mulloy, Vice-Mayor of the Village of Newtown,” the word “Vice” is a description of the title of the office of acting mayor, and the affidavit is executed in substantial compliance with the statute.

Judgment reversed.

Marshall, C. J., Matthias and Day, JJ., concur. Wanamaker, J., not participating.

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ALLEN, J.

1. Under Section 4256 of! the General Code, when the mayor of a village is absent from the village or is unable for any cause to perform his duties, the president pro tem. of council becomes acting mayor and is invested with all powers of the mayor, including his judicial powers.

2. Where the president of the council in the absence of the mayor administers the oath to an affidavit charging a misdemeanor, and issues the warrant, signing his name to affidavit as “T. B. Mulloy, Vice-Mayor of the Village of Newtown,” the word “Vice” is a description of the title of the office of acting mayor, and the affidavit is executed in substantial compliance with the statute.

Judgment reversed.

Marshall, C. J., Matthias and Day, JJ., concur. Wanamaker, J., not participating.

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Bluebook (online)

2 Ohio Law. Abs. 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lanser-ohio-1924.