State ex rel. Cline v. Vail

Citations

• 84 Ohio St. (N.S.) 399

Syllabus

<p>Unconstitutionality of act of legislature — Party not estopped to assert, when — County officer pays fees into treasury — Fees not paid before salary act adjudged unconstitutional — May be retained.</p> <p>1. A party may assert that an unconstitutional act of the general assembly is a nullity, unless his conduct with reference to the subject of the act has been such that to permit the assertion would place his adversary in a less favorable position than he would have occupied if the act had not been passed.</p> <p>2. A county officer who pays into the treasury of 'the county the fees of his office in excess of the salary affixed thereto by an unconstitutional act, may, after the act is adjudged to be unconstitutional, receive and retain fees accruing before, but not paid until after, such adjudication.</p>