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Daniel T. Enyart et al. v. The Trustees of Hanover, Township

Supreme Court of Ohio1874-12
25 Ohio St. 618

Authorities cited

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Opinion

majority opinion

By the Court.

The trustees of Hanover township were-not authorized to levy a tax to refund to Enyart the amount of money stolen from him, until a majority of the electors of the township, voting at some regular election, “ shall vote in favor of such levy.” In this case the entire number of votes cast for President and Vice-President furnished the basis by which it is to be determined whether or not the-levy was authorized. The record shows that, although the-number of votes in favor of levying the tax was a majority of the votes cast on that question, they were not a majority of all the votes cast for electors of President and Vice-President, and hence the levy was never authorized.

Motion overruled.