Maher v. Rhodes

Ohio Court of Appeals

Maher v. Rhodes

158 N.E.2d 411, 80 Ohio Law. Abs. 256, 1958 Ohio App. LEXIS 879

CourtOhio Court of Appeals

DecidedDecember 9, 1958

DocketNo. 6052

StatusPublished

Cited by1 cases

This text of 158 N.E.2d 411 (Maher v. Rhodes) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Maher v. Rhodes, 158 N.E.2d 411, 80 Ohio Law. Abs. 256, 1958 Ohio App. LEXIS 879 (Ohio Ct. App. 1958).

Pincite

Opinion

OPINION

By THE COURT.

This is an original action in this court wherein the plaintiff is seeking to enjoin the defendant, who is Auditor of State, from paying any money or monies to one Herman H. David for his services as a member of the Board of Liquor Control for the alleged reason that he is not eligible to hold said office. The defendant has entered a demurrer to the petition for the reason that this court has no jurisdiction of the subject of the action.

The jurisdiction of this court is defined in Article IV, Section 6, Ohio Constitution, which gives the original jurisdiction only in the five extraordinary remedies enumerated therein, and which does not include the right of injunction.

The demurrer will be sustained and judgment rendered for the defendant for cost of suit.

PETREE, PJ, BRYANT and MILLER, JJ, concur.

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