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21 Ohio C.C. Dec. 334

State v. Ballard v. Harrison

Ohio Circuit Courts

Decided July 18, 1908

Ohio Circuit Courts · decided 1908-07-18

Mandamus does not lie against sinking fund trustees. Application for mandamus to compel the sinking fund trustees to pay a judgment against the city.

Decided 1908-07-18

SWING, J.

¶1The judgment entered against the city in favor of Oliver et al. was not in the nature of damages, but in its nature was one for condemnation. The sinking fund trustees are not permitted to pay judgments in condemnation. The writ should be refused.

Giffen and Smith, JJ., concur.
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