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Ohio ex rel. Allen v. Lutz

273 U.S. 654 Court SCOTUS Decision date 1927-01-10 Docket No. 89 English

Delivered by Per Curiam.

Contents

Majority

p. 654
No. 89.
State of Ohio ex rel. K. B. Allen v. Joseph A. Lutz, as auditor of Montgomery County, Ohio.

Syllabus

Error to the Supreme Court of the State of Ohio.
Submitted January 7, 1927.
Decided January 10, 1927.
Messrs. Earl H. Turner and Wellmore B. Turner for plaintiff in error.
Messrs A. H. Scharrer and Ralph E. Hoskot for-defendant in error.

Dismissed under § 237 of the Judicial Code, it not appearing in the record of the case that prior to the final judgment to which this writ of error was allowed there was any challenging averment that the act of the Ohio Legislature in question was repugnant to the Constitution or laws of the United States. Shulthis v. McDougal, 225 U. S. 561 , 569; Hull v. Burr, 234 U. S. 712 , 720; Norton v. Whiteside, 239 U. S. 144 , 147.

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