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STATE, EX REL. KAUER v. DEFENBACHER.

No. 32007.

153 Ohio St. 268 (1950)

THE STATE, EX REL. KAUER, DIR. OF DEPT. OF HIGHWAYS, v. DEFENBACHER, DIR. OF DEPT. OF FINANCE, ET AL.

Supreme Court of Ohio.

Decided March 22, 1950.

Attorney(s) appearing for the Case

Mr. Herbert S. Duffy, attorney general, Mr. William C. Bryant and Mr. Nelson Lancione, for relator.

Mr. Herbert S. Duffy, attorney general, Mr. Ivan L. Smith and Mr. Robert A. O'Neil, for respondent director of finance.

Mr. Robert L. Drury, for respondent auditor of state.

TAFT, J.

Section 2288-2, General Code, reads:

"It shall be unlawful for any officer, board or commission of the state to enter into any contract, agreement or obligation involving the expenditure of money, or pass any resolution or order for the expenditure of money, unless the Director of Finance shall first certify that there is a balance in the appropriation pursuant to which such obligation is required to be paid, not otherwise obligated to pay precedent...

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