STATE, EX REL. FOSTER v. WITTENBERG ET AL. BOARD OF COUNTY COMMRS.

No. 68-471.

16 Ohio St. 2d 89 (1968)

THE STATE, EX REL. FOSTER, JUDGE, v. WITTENBERG ET AL., BOARD OF COUNTY COMMRS. OF LUCAS COUNTY.

Supreme Court of Ohio.

Decided December 24, 1968.


Attorney(s) appearing for the Case

Mr. John J. Callahan, Mr. Charles E. Ide, Jr., and Mr. Howard C. Schwab, for relator.

Mr. Harry Friberg, prosecuting attorney, and Mr. John W. Winn, Jr., for respondent.


MATTHIAS, J.

In his petition in the instant case, relator alleges that under Section 2151.10, Revised Code, there is a mandatory duty to appropriate the sums requested. He alleges also that respondent had funds from which it could have made the necessary and requested appropriations.

Respondent demurs on the ground that the petition does not state a cause of action. It is respondent's position that the failure to allege in the petition that the respondent...

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