State ex rel. Collett v. Truax

Ohio Supreme Court June 15, 1927

State ex rel. Collett v. Truax, 5 Ohio Law. Abs. 402 (Ohio 1927)

Allen, Day, Jones, Kinkade, Marshall, Matthias, Robinson

Opinion of the Court

ALLEN, J.

1. Section 1436, General Code, is a valid and constitutional act.

2. When the secretary of agriculture acting under Section 1436 of the General Code, in the exercise of a sound discretion, refuses an application for a permit to engage in the propagation of pheasants for commercial purposes, upon the ground that such application is not made in good faith, the exercise of his discretion will not be controlled by mandamus.

Writ denied.

Marshall, CJ., Day, Kinkade, Robinson, Jones and Matthias, JJ., concur.

Reference

Full Case Name: The State, ex rel. A. S. Collett v. Charles Truax, Secretary of Agriculture
Status: Published