Ohio Supreme Court, 1874

Enyart v. Trustees of Hanover

Enyart v. Trustees of Hanover
Ohio Supreme Court · Decided December 15, 1874
25 Ohio St. (N.S.) 618

Enyart v. Trustees of Hanover

Opinion of the Court

By the Court.

The trustees of Hanover township were-not authorized to levy a tax to refund to Enyart the amount' of money stolen from him, until a majority of the electors of the township, voting at some regular election, “ shall vote in favor of such levy.” In this case the entire number of votes cast for President and Vice-President furnished the basis by which it is to be determined whether or not the-levy was authorized. The record shows that, although the-number of votes in favor of levying the tax was a majority of the votes cast on that question, they were not a majority of all the votes cast for electors of President and Vice-President, and hence the levy was never authorized.

Motion overruled.

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