Noctor v. State ex rel. Linehan

Ohio Supreme Court

Noctor v. State ex rel. Linehan

108 Ohio St. (N.S.) 404

CourtOhio Supreme Court

DecidedJune 26, 1923

DocketNo. 17891

StatusPublished

This text of 108 Ohio St. (N.S.) 404 (Noctor v. State ex rel. Linehan) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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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