# Clark v. Board of Education

> Ohio Supreme Court · January 15, 1887 · 44 Ohio St. (N.S.) 595

URL: https://www.frixlaw.com/law-library/cases/8341811

## Case

- **Full name:** Elias Clark v. Board of Education, Starr Township
- **Court:** Ohio Supreme Court
- **Decided:** January 15, 1887
- **Citations:** 44 Ohio St. (N.S.) 595
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 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/8341811

## Opinion text

By the Court.
' The suit below was brought by the plaintiffs in error, residents of Green township, Hocking county, to restrain the collection of a tax levied upon their property for school purposes in the joint subdistrict created by an act of the general assembly passed April 16, 1874 (71 Ohio L. 187.) The district is composed of a part of the territory of Green and a part of that of Starr township, in said *596 county; the parts being contiguous to each other. The ■ relief is sought on the ground that the law is one of a general nature, and not uniform in its operation throughout the state. The State v. Powers, 38 Ohio St. 54 , is relied on. The district was , organized under the law shortly after its enactment; and there is no showing that the plaintiffs have not been, and are not now, availing themselves of the benefits of the school by sending their children to it. Without deciding whether the law is, or is not, open to the constitutional objection urged, we think it is now too late to question its validity by a suit to restrain the collection of a tax levied for the maintenance of the school. People v. May nard, 15 Mich. 463 ; Chestnut v. Shane, 16 Ohio 607 .
Judgment affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8341811. Public record. Not legal advice.
