Bushnell v. Koon

Citations

• 18 Ohio C.C. Dec. 367

Syllabus

<p>JUSTICE OF THE PEACE.</p> <p>Voorhees, McCarty and Winch, JJ.</p> <p>Justice or the Peace — Teem op Oppice Limited to Three Years prom Date op Commission — Judgment Rendered During Interim op Terms Void.</p> <p>S D B was elected a justice of the peace in and for Gilead township, Morrow county, Ohio, on day of April 4, 1899; he was commissioned as such justice on day of April 12, 1899; he took the oath of office on day of April 18, 1899; and gave bond as such justice on day of April 24, 1899. He was re-elected justice of the peace on day of April 7, 1902, and was commissioned on day of April 25, 1902. He took oath as justice of the peace on day of April 28, 1902, and gave bond on day of April 30, 1902. The judgment sought to be enjoined in this action was rendered by him on day of April 15, 1902, on a hill of particulars filed prior to April 12, 1902. Held:</p> <p>(1) That the term of office of justice of the peace is limited to three years from date of commission;</p> <p>(2) That a judgment rendered during interim of terms is void and of no effect, and ought to be enjoined.</p> <p>[Syllabus by the court.]</p>