MONNETTE v. MALONE

No. 79-958.

60 Ohio St. 2d 5 (1979)

MONNETTE ET AL., APPELLANTS, v. MALONE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided October 5, 1979.


Attorney(s) appearing for the Case

Mr. Lewis William Dye and Mr. J. C. Ratliff, for appellants.

Mr. John Garnes, Mr. Robert E. Wilson and Mr. John H. Hix, for appellees.


Per Curiam.

We reverse.

R. C. 3515.09 reads, in pertinent part, as follows:

"Said petition [to contest an election] shall be accompanied by a bond with surety to be approved by the clerk of the appropriate court in a sum sufficient, as determined by him, to pay all costs of the contest."

The record shows that the $500 in cash was accepted by the clerk's office and receipted as "Surety Bond for Court Costs," indicating that the clerk...

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