STATE, EX REL. SPEETH v. CARNEY

No. 33926.

163 Ohio St. 159 (1955)

THE STATE, EX REL. SPEETH ET AL., BOARD OF COUNTY COMMRS. OF CUYAHOGA COUNTY, v. CARNEY, AUD.

Supreme Court of Ohio.

Decided April 20, 1955.


Attorney(s) appearing for the Case

Mr. Frank T. Cullitan, prosecuting attorney, Mr. Saul S. Danaceau, Mr. A. M. Braun, Messrs. Squire, Sanders & Dempsey, Mr. Henry J. Crawford and Mr. James F. Preston, for relator.

Mr. Frank T. Cullitan, prosecuting attorney, Mr. Sheldon D. Clark and Mr. Edward J. Schweid, for respondent.


HART, J.

The answer of the respondent sets out 10 affirmative defenses, four of which present three fundamental questions involving the constitutionality of the subway act, five raise questions involving the alleged irregularity and alleged insufficiency of the procedure followed by the relator in attempting to authorize the issuance of the note and bonds, and one presents both constitutional and procedural questions.

I

In the first, sixth and ninth...

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