Opinion

State ex rel. Columbus Mutual Life Ins. v. Brown

  • 167 Ohio St. (N.S.) 309
Court
Ohio Supreme Court
Filed
Feb 11, 1958
Status
Published
On the bench
Belt, Herbert, Matthias, Stewart, Taet, Weygandt, Zimmerman
Cited by
0 cases

The opinion

Per Curiam.

Section 3907.03, Revised Code, provides that, when the Attorney General finds that the articles of incorporation (or amendment thereto) are “in accordance with Sections 3907.01 to 3907.21, inclusive, of the Revised Code, and not inconsistent with the Constitution and laws of the United States and of this state, he shall certify to and deliver them to the Secretary of State, who shall cause them * * * to be recorded.”

The Attorney General has not so certified, and, until he does, there is no clear duty imposed on the Secretary of State to file the certificate of amendment, and the prerogative writ of mandamus should be denied.

Since the demurrer to the answers searches the record, we sustain the demurrer as a demurrer to the petition and deny the writ.

Writ denied.

Weygandt, C. J., Zimmerman, Stewart, Taet, Matthias, Belt, and Herbert, JJ., concur.

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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