STATE, EX REL. RUSSELL v. SWEENEY

No. 32009.

153 Ohio St. 66 (1950)

THE STATE, EX REL. RUSSELL, JR., ET AL., v. SWEENEY, SECY, OF STATE.

Supreme Court of Ohio.

Decided February 23, 1950.


Attorney(s) appearing for the Case

Mr. Charles P. Taft, Messrs. Steer, Strauss & Adair and Mr. Charles H. Tobias, Jr., for relators.

Mr. Herbert S. Duffy, attorney general, and Mr. NelsonLancione, for respondent.


WEYGANDT, C. J.

In the language of Section 12283, General Code, is the recording of the proposed articles of incorporation "an act which the law specially enjoins as a duty resulting from" the office of the respondent Secretary of State?

As disclosed by the petition, the purpose clause of the articles of incorporation of the proposed nonprofit corporation reads as follows:

"The purpose or purposes for which said corporation is formed are: To promote...

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