# State ex rel. Puehler v. Board of Education of Fulton County School District

> Ohio Supreme Court · July 27, 1938 · 134 Ohio St. (N.S.) 280

URL: https://www.frixlaw.com/law-library/cases/8353165

## Case

- **Full name:** The State, ex rel. Puehler v. Board of Education of Fulton County School District
- **Court:** Ohio Supreme Court
- **Decided:** July 27, 1938
- **Citations:** 134 Ohio St. (N.S.) 280
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Day, Gorman, Matthias, Myers, Weygandt, Williams, Zimmerman
- **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/8353165

## Opinion text

By the Court.
This court has made a careful study of the record in order to ascertain whether the transfer petition contained sufficient signatures of resident electors to make it mandatory upon the county hoard of education to transfer the territory involved, hut the court will not make a detailed analysis of the status of the signers on the transfer petition, the withdrawals and the withdrawal therefrom.
There is a conflict in the testimony as to whether certain persons were residents or electors at the time the mandamus petition was filed or when the Court of Appeals issued the peremptory writ. To determine the actual number of signers at either of the times stated would require this court not only to weigh the evidence but to determine credibility of testimony. Since this court does not weigh the evidence and there is a presumption in favor of the correctness of the decision of the Court of Appeals, its judgment will be affirmed.
Judgment affirmed.
Weygandt, C. J., Matthias, Day, Zimmerman, Williams, Myers and Gorman, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8353165. Public record. Not legal advice.
