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

> Ohio Circuit Courts · October 15, 1900 · 20 Ohio C.C. 659

URL: https://www.frixlaw.com/law-library/cases/9289867

## Case

- **Full name:** STATE ex rel. FENNER v. THE BOARD OF COUNTY COMMISSIONERS
- **Court:** Ohio Circuit Courts
- **Decided:** October 15, 1900
- **Citations:** 20 Ohio C.C. 659
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Swing
- **Judges:** Giffen, Smith, Swing
- **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/9289867

## Opinion text

SWING, J.
We are unable to distinguish this case from the oases of Hixson v. Burson, 54 Ohio St., 470 ; State ex rel. v. Davis, 55 Ohio St., 15 , and Mott v. Hubbard, 59 Ohio St., 199 , and therefore feel bound to hold the act in question unconstitutional. The fact that the law in question does not specifically point out what levee used as a road or bridge approach is tobe improved or repaired by the money realized from the sale of bonds, it seems to us can make no difference. The act still remains local, and the subject of roads and bridge approaches is a matter of a general nature, as decided by the above cases.
Injunction allowed as prayed for.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9289867. Public record. Not legal advice.