HOHLY v. STATE, EX REL., 128 Ohio St. 257 (1934)

191 N.E. 1

HOHLY, DIR. OF DEPT. OF PUB. SERVICE, ET AL. v. THE STATE, EX. REL. SUMMIT SUPERIOR CO.

No. 24425Supreme Court of Ohio.
Decided April 11, 1934.

Municipal corporations — Water rent charges not lien on premises served — Sections 3957 and 3958, General Code — Sections 41 and 1415 Code of 1919 of Toledo.

ERROR to the Court of Appeals of Lucas county.

Mr. J.I. O’Connor, director of law, Mr. S.Z. Kaplan and Mr. S.R. Urbanski, for plaintiffs in error.

Messrs. Yager, Bebout Stecher, for defendant in error.

It is ordered and adjudged by this court, that the judgment of the said Court of Appeals be, and the same is hereby, affirmed for the reason that neither Sections 3957 and 3958, General Code, nor Sections 41 and 1415 of the Code of 1919 of the city of Toledo, Ohio, create nor authorize the creation of a lien upon real property for charges for water supplied by such city to the premises of defendant in error.

Judgment affirmed.

WEYGANDT, C.J., ALLEN, STEPHENSON, JONES, MATTHIAS, BEVIS and ZIMMERMAN, JJ., concur.

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