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STATE EX REL. GIULIANI v. PERK

No. 68-33.

14 Ohio St. 2d 235 (1968)

THE STATE, EX REL. GIULIANI ET AL., v. PERK, AUDITOR OF CUYAHOGA COUNTY, ET AL.

Supreme Court of Ohio.

Decided May 29, 1968.

Attorney(s) appearing for the Case

Mr. Elmer A. Giuliani and Mrs. Carol G. Emerling, for relators.

Mr. John T. Corrigan, prosecuting attorney, Mr. A. M. Broun and Mr. John L. Bowling, for respondents.

Per Curiam.

Respondent auditor contends that he has no authority to issue warrants to pay relators' certified fees since the board of county commissioners has not appropriated any funds specifically for the payment of counsel fees on appeal.

Section 319.16, Revised Code, provides, in pertinent part:

"* * * The auditor shall not issue a warrant for the payment of any claim against the county, unless...

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