# State ex rel. Milligan v. Freeman

> Ohio Supreme Court · July 5, 1972 · 31 Ohio St. 2d 13

URL: https://www.frixlaw.com/law-library/cases/6754928

## Case

- **Full name:** The State, ex rel. Milligan, Judges v. Freeman, Board of County Commrs. of Stark County
- **Court:** Ohio Supreme Court
- **Decided:** July 5, 1972
- **Citations:** 31 Ohio St. 2d 13; 60 Ohio Op. 2d 7; 285 N.E.2d 352; 1972 Ohio LEXIS 420
- **Precedential status:** Published
- **Opinion:** Concurrence by Schneider
- **Judges:** Brown, Corrigan, Herbert, Leach, Neill, Schneider, Stern
- **Cited by:** 11 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/6754928

## Opinion text

Schneider, J.,
concurring. I concur for the additional reason that respondents do not claim: (1) that they do not have unencumbered funds sufficient to meet the demand of relators; (2) that the performance of their duty is impossible (State, ex rel. Johns, v. Bd. of County Commrs. [1972], 29 Ohio St. 2d 6 ); or (3) that their performance of duty would entail a collapse of county government (State, ex rel. Brown, v. Bd. of County Commrs. [1970], 21 Ohio St. 2d 62 ).
Furthermore, respondents do not contend that the care, detention and rehabilitation of juvenile delinquents is not an exercise of judicial power and that the imposition of the responsibility for such governmental functions may not be constitutionally imposed upon a court or a judicial officer.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6754928. Public record. Not legal advice.