State ex rel. Muskingum Watershed Conservancy Dist. v. Campbell
The State, Ex Rel. Muskingum Watershed Conservancy Dist., v. Campbell, Treas
Opinion of the Court
By the Court.
The Conservancy Act of Ohio enjoins upon each county treasurer the duty to collect delinquent assessmexxts, levies axxd penalties. See Sectioxxs 6828-48, 6828-51 axxd 6828-55, Genex-al Code.
In State, ex rel. Miami Conservancy District, v. Baden et al., Budget Commission, 130 Ohio St., 251 , 198 N. E., 865 , in affirming the judgment of .the Court of Appeals holding that the conservancy district could not by maxxdamus compel the budget commissioxx to include delinquent assessmexxts in an annual budget, this court held that, under Sections 6828-51 axxd 6828-55, General Code, the right of the couxxty treasurer to make such collection is exclusive and that the provisions of those sectioxxs are mandatory.
As the duties of prosecuting attorney and county auditor are enjoined by law and there is no allegation that either has declined or refused to act, neither is a necessary party to the present proceeding.
The demurrer to the answer will be sustained and a writ of mandamus allowed.
Writ allowed.
Weygandt, C. J., Matthias, Hart, Zimmerman, Bell and Williams, JJ., concur.
Turner, J., not participating.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.