166 N.E. 200

THE STATE, EX REL. WATMOUGH ET AL. v. THE CORTLAND BANKING CO.

No. 21327Supreme Court of Ohio.
Decided October 24, 1928.

Schools — Creation of new district by county board of education — Remonstrance signed by majority of electors of territory affected — Section 4736, General Code.

IN MANDAMUS.

Messrs. Pierson Hecklinger, for relator.

Mr. R.D. Leffingwell, for defendant.

It is ordered that a peremptory writ of mandamus be issued against The Cortland Banking Company commanding it to deliver to relators or to such persons as they may legally designate, by proper

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checks or vouchers, all or any part of all funds now in the possession of The Cortland Banking Company of Cortland, Ohio, belonging to the New Bazetta Township Rural School District of Trumbull County, Ohio. (State, ex rel. Grace, v. Howard, Treas., 101 Ohio St. 532, approved and followed.)

Writ allowed.

MARSHALL, C.J., DAY, ALLEN, KINKADE, ROBINSON, JONES and MATTHIAS, JJ., concur.

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