Opinion

State Ex Rel. Lemperle v. McIntosh

  • 145 Ohio St. 107
  • 145 Ohio St. (N.S.) 107
  • 30 Ohio Op. 311
  • 60 N.E.2d 786
  • 1945 Ohio LEXIS 397
Court
Ohio Supreme Court
Filed
Apr 11, 1945
Status
Published
Author
Matthias
On the bench
Williams, Weygandt, Zimmerman, Turner, Hart, Belt, Matthias, Bell
Cited by
7 cases

The opinion

*115

Matthias, J.,

dissenting. I dissent from the conclusion of the majority, for the reason that the action of the trustees thus approved, which now affects but twelve pensioners, is based upon an unsound principle declared in the discriminatory rule adopted by the trustees which results in the arbitrary removal from the pension rolls of one admittedly found entitled to pension benefits but declared ineligible only by reason of earned or earnable income, while those enjoying income of whatever amount from other sources are retained thereon.

Bell, J., concurs in the foregoing dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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