Ohio Supreme Court, 1940

Kirk v. Board of Commissioners

Ohio Supreme Court · Decided November 20, 1940 · Weygandt, Day, Zimmerman, Williams, Matthias, Hart, Turner

30 N.E.2d 334; 137 Ohio St. 348; 137 Ohio St. (N.S.) 348; 19 Ohio Op. 8; 1940 Ohio LEXIS 481 (North Eastern Reporter, Second Series)

Opinion of the Court

*350 By the Court.

The judgment of affirmance was entered by the Court of Appeals in the present proceeding prior to our decision in State, ex rel. Cox, v. Hooper, County Aud., ante, 222, 28 N. E. (2d), 598.

The facts in the case at bar bring it within the principle announced in the case cited.

The judgment of the Court of Appeals will be reversed and final judgment entered for the appellant.

Judgment reversed and final judgment for appellant.

Weygandt, C. J., Day, Zimmerman, Williams, Matthias, Hart and Turner, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.