Ohio Circuit Courts, 1899

State ex rel. Fanning v. Board of County Commissioners

State ex rel. Fanning v. Board of County Commissioners
Ohio Circuit Courts · Decided November 15, 1899 · Caldwell, Hale, Marvin
19 Ohio C.C. 627
State ex rel. Fanning v. Board of County Commissioners

Opinion of the Court

CALDWELL, J.

Section 2334b, Revised Statutes, is mandatory and is made condition precedent to be complied with before the board of county commissioners can make a lawful contract, and the certificate is as much a condition precedent as is the fact that the funds are provided. As the certificate is not averred to have been made, the petition stands confessed that none was made, and without it the contract has no validity.

The motion for judgment on the pleadings is granted.

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