# Rutherford v. Board of Education

> Ohio Supreme Court · June 21, 1933 · 127 Ohio St. 81

URL: https://www.frixlaw.com/law-library/cases/3784104

## Case

- **Full name:** Rutherford, Supt., v. Board of Education of Port Homer Rural School District of Jefferson County; Rutherford, Supt., v. Murdock Et Al.
- **Court:** Ohio Supreme Court
- **Decided:** June 21, 1933
- **Citations:** 127 Ohio St. 81; 127 Ohio St. (N.S.) 81; 186 N.E. 731; 1933 Ohio LEXIS 322
- **Precedential status:** Published
- **Opinion:** Dissent by Matthias
- **Judges:** Weygandt, Matthias, Day, Allen, Stephenson, Jones, Bevis
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3784104

## Opinion text

Matthias, J.,
dissenting. I cannot concur in the judgment. In my opinion the statute is plain and unambiguous and was correctly applied' by the Common Pleas Court. I agree that, in view of the situation disclosed by this case, the statute should be amended, but I still hold to the opinion that legislation is a legislative function.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3784104. Public record. Not legal advice.