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18 Ohio St. (N.S.) 545

Stallcup v. Baker

Ohio Supreme Court

Decided December 15, 1869

Ohio Supreme Court · decided 1869-12-15

The action in the common pleas was brought by the plaintiff in- • error, on the oficial bond of Baker as a justice of the peace.

Decided 1869-12-15

*By the Court.

¶1The act of rendering judgment on a verdict is not a ministerial but a judicial act, requiring consideration and discretion. The omission of Baker, as justice of the peace, to fender a judgment on the verdict, within the proper time, was a failure on his part to perform a judicial act required by law, but does not constitute a breach of his bond conditioned that he “shall well and truly perform every ministerial act that is enjoined ■•upon him by law, and by virtue of said office.”

¶2Judgment affirmed.

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