Ferris v. Clermont Co.

Citations

• 19 Ohio C.C. Dec. 622
• 9 Ohio C.C. (n.s.) 169

Syllabus

<p>CONSTITUTIONAL LAW — COUNTIES—PARTIES.</p> <p>Jelke, Swing and Giffen, JJ.</p> <p>1. Enjoining Execution op Public Contract — Rights op ' Party in Interest.</p> <p>For the reason that one having an interest in a contract is a necessary party to an action to enjoin execution of the contract, a general demurrer will not lie to a petition averring that a contract to which plaintiff is a party has been enjoined in an action to which he was not a party, and praying for a vacation of the decree of injunction and for specific performance. .</p> <p>[For other cases in point, see 3 Cyc. Dig., “Counties,” §§ 420-429. — Ed.]</p> <p>2. Validity op Act Authorizing Purchase of Toll Roads by Counties.</p> <p>The act of April 25, 1904 (97 O. L. 414; Lan. 8321 et seq.; B. 4875-6 et seq.), authorizing county commissioners to purchase toll roads upon and along ’which'suburban and interurban railroads are constructed and to maintain the same as free turnpikes, is not unconstitutional for lack of uniformity of operation.</p> <p>[For other cases in point, see 2 Cyc. Dig., “Constitutional Law,” §§ 975-1251. — Ed.]</p> <p>3. What Toll Roads ake Included in Above Act.</p> <p>The authority granted by this act is not limited to the purchase of toll roads having both termini within the county; it does not, by authorizing the purchase of roads upon which traction companies have secured-rights of way, make possible such a joint ownership as is forbidden- by the constitution; but it does authorize the purchase of appurtenances of the road such as toll houses.</p> <p>[Syllabus approved by the court.]</p>