Noctor v. State ex rel. Linehan

Ohio Supreme Court

Noctor v. State ex rel. Linehan

108 Ohio St. (N.S.) 404

Ohio Supreme Court·Decided June 26, 1923·No. No. 17891·Published

Opinions

By the Court.

The defendant in error Walter C. Linehan brought an action in mandamus in the Court of Appeals, seeking to compel the Deputy State Supervisors and Inspectors of Elections to issue him a certificate of election as member of Council of the city of Cincinnati for ward 20. The Court of Appeals allowed the writ, whereupon error was prosecuted here.

Since there was no certificate of election issued or declaration of election made, mandamus was a proper remedy. The other questions presented are similar to those presented and decided in State, ex rel. Conner, v. Noctor, 106 Ohio St., 516, 140 N. E., 878.

The judgment of the Court of Appeals is affirmed on authority of that case.

Judgment affirmed.

Bobinson, Jones, Matthias and Day, JJ., concur.

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By the Court.

The defendant in error Walter C. Linehan brought an action in mandamus in the Court of Appeals, seeking to compel the Deputy State Supervisors and Inspectors of Elections to issue him a certificate of election as member of Council of the city of Cincinnati for ward 20. The Court of Appeals allowed the writ, whereupon error was prosecuted here.

Since there was no certificate of election issued or declaration of election made, mandamus was a proper remedy. The other questions presented are similar to those presented and decided in State, ex rel. Conner, v. Noctor, 106 Ohio St., 516, 140 N. E., 878.

The judgment of the Court of Appeals is affirmed on authority of that case.

Judgment affirmed.

Bobinson, Jones, Matthias and Day, JJ., concur.

Noctor v. State ex rel. Linehan, 108 Ohio St. (N.S.) 404 (Ohio 1923).

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108 Ohio St. (N.S.) 404 (Noctor v. State ex rel. Linehan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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