Canton Cemetery Ass'n v. Slayman

Citations

• 99 Ohio St. (N.S.) 28

Syllabus

<p>Cemetery associations — Malicious prosecution —Liability—Execution— Property exempt, when.</p> <p>1. Under the provisions of Section 10093 et seq., General Code, the legislature of this state has assumed specific control over certain powers exercised by cemetery associations organized thereunder. By various sections of the act it has provided for the exemption of specific property from execution. Under the maxim expressio unius, exclusio alterius, the necessary implication arises that other property is not exempt from execution, and that an action may lie against such association and judgment satisfied by execution against non-exempted property.</p> <p>2. In this state an action for malicious prosecution can be.maintained against an association organized under the sections named.</p>