# State ex rel. Fanning v. Board of County Commissioners

> Ohio Circuit Courts · November 15, 1899 · 19 Ohio C.C. 627

URL: https://www.frixlaw.com/law-library/cases/9289775

## Case

- **Full name:** STATE OF OHIO ex rel. M. A. FANNING v. THE BOARD OF COUNTY COMMISSIONERS, A. E. AKINS, Auditor, and M. LANDER, Treasurer
- **Court:** Ohio Circuit Courts
- **Decided:** November 15, 1899
- **Citations:** 19 Ohio C.C. 627
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Caldwell
- **Judges:** Caldwell, Hale, Marvin
- **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/9289775

## Opinion text

CALDWELL, J.
Section 2334b, Revised Statutes, is mandatory and is made condition precedent to be complied with before the board of county commissioners can make a lawful contract, and the certificate is as much a condition precedent as is the fact that the funds are provided. As the certificate is not averred to have been made, the petition stands confessed that none was made, and without it the contract has no validity.
The motion for judgment on the pleadings is granted.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9289775. Public record. Not legal advice.