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· 10/29/1915

State ex rel. City of Dayton v. Patterson

Citations

  • 93 Ohio St. (N.S.) 25

Syllabus

<p>Budget commissioners — Adjustment of taxes and reduction of bxidgeis — Mandamus does not tie — To control discretion or correct error of judgment, when.</p> <p>Under the provisions of Section 5649-3a, General Code, the budget commissioners, in the adjustment of the various amounts of taxes to be raised in a taxing district and in reducing the estimates contained in the budgets, are called upon to exercise their official judgment and discretion. In the absence of fraud, bad faith or abuse of discretion it is not within the power of the court to interfere, and an action in mandamus will not lie to control such discretion or correct an error of judgment.</p>

Judges: Donahue, Johnson, Jones, Matthias, Newman, Nichols, Wanaaiaker

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