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· 3/5/1918

State ex rel. Smith v. Maharry

Citations

  • 97 Ohio St. (N.S.) 272

Syllabus

<p>Constitutional law — Bureau of inspection and supervision of public offices — Statutes liberally construed — Public officers or private persons — Disbursements — Public property or money — Public trusts.</p> <p>1. All public property and public moneys, whether in the custody of public officers or otherwise, constitute a public trust fund, and all persons, public or private, are charged by law with the knowledge of that fact. Said trust fund can 'be disbursed only by clear authority of law.</p> <p>2. Sections 274, 284 and 286 et seq., General Code, creating the bureau of inspection and supervision of public offices, defining its powers, and providing for the short form of pleading, are constitutional statutes.</p> <p>3. Said sections are remedial statutes, and, therefore, should be liberally construed and applied to effect their clear and controlling purpose.</p> <p>4. These statutes are comprehensive enough to warrant actions against either public officers, former public officers or private persons.</p>

Judges: Johnson, Matthias, Newman, Nichols, Wanamaker

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