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Smith v. Baker

Supreme Court of Ohio
Jan 27, 1954
117 N.E.2d 11 (Ohio 1954)

Opinion

No. 33601

Decided January 27, 1954.

Schools — Employment contract — Mandamus to compel payment of salary — Payment made pending appeal — Moot question — Dismissal.

APPEAL from the Court of Appeals for Lawrence county.

This cause originated in the Court of Appeals as an action in mandamus to compel the County Board of Education of Lawrence County to pay to relatrix salary claimed to be due her under an employment contract with such board.

The Court of Appeals allowed the writ, and respondents perfected an appeal to this court.

Mr. Elliott E. Meyers, for appellee.

Mr. J. Earl Pratt, for appellants.


During the pendency of this appeal, relatrix was paid in full the amount claimed to be due. The issues presented by this appeal have, therefore, become moot. The appeal is dismissed on authority of Miner v. Witt, City Clerk, 82 Ohio St. 237, 92 N.E. 21.

Appeal dismissed.

WEYGANDT, C.J., MIDDLETON, TAFT, HART, ZIMMERMAN, STEWART and LAMNECK, JJ., concur.


Summaries of

Smith v. Baker

Supreme Court of Ohio
Jan 27, 1954
117 N.E.2d 11 (Ohio 1954)
Case details for

Smith v. Baker

Case Details

Full title:THE STATE, EX REL. SMITH, APPELLEE v. BAKER ET AL., APPELLANTS

Court:Supreme Court of Ohio

Date published: Jan 27, 1954

Citations

117 N.E.2d 11 (Ohio 1954)
117 N.E.2d 11

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