State ex rel. Brannum v. Sparks

Ohio Court of Appeals

State ex rel. Brannum v. Sparks

139 N.E.2d 473, 73 Ohio Law. Abs. 544, 1954 Ohio App. LEXIS 819

CourtOhio Court of Appeals

DecidedOctober 21, 1954

DocketNo. 547

StatusPublished

Cited by1 cases

This text of 139 N.E.2d 473 (State ex rel. Brannum v. Sparks) 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

State ex rel. Brannum v. Sparks, 139 N.E.2d 473, 73 Ohio Law. Abs. 544, 1954 Ohio App. LEXIS 819 (Ohio Ct. App. 1954).

Pincite

Opinion

OPINION

By THE COURT:

Submitted on motion of relator-appellee to dismiss the appeal: First, the question has become moot; second, to reduce the law and fact appeal to a law appeal; third, for failure to file assignments of error and briefs within time.

The appeal being on law and fact, time did not run on filing briefs, and in such appeals assignments of error are not required. The action being in mandamus an appeal on questions of law and fact was improper. The judgment below could be reviewed only on questions of law. Vol. 2, O. Jur. 2d, p. 728, Sec. 123.

The relator sought a writ of mandamus against members of the Board of Elections to require said Board to place the name of relator on the ballot as a Democratic Party candidate for election as a member of the County Central Committee. The writ was issued. The election was held. The relator was defeated. The question at issue has become moot. The appeal will be dismissed if the judgment which is sought to be reversed has been carried out or the thing which appellant seeks to prevent has been accomplished. The Court will not retain jurisdiction to determine incidental matters such as costs. Vol. 3, O. Jur. 2d, Sec. 603, pp. 539, 540, 541.

Motion to dismiss the appeal on the ground that the question is moot will be sustained.

WISEMAN, PJ, MILLER and HORNBECK, JJ, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION

By THE COURT:

Submitted on motion of relator-appellee to dismiss the appeal: First, the question has become moot; second, to reduce the law and fact appeal to a law appeal; third, for failure to file assignments of error and briefs within time.

The appeal being on law and fact, time did not run on filing briefs, and in such appeals assignments of error are not required. The action being in mandamus an appeal on questions of law and fact was improper. The judgment below could be reviewed only on questions of law. Vol. 2, O. Jur. 2d, p. 728, Sec. 123.

The relator sought a writ of mandamus against members of the Board of Elections to require said Board to place the name of relator on the ballot as a Democratic Party candidate for election as a member of the County Central Committee. The writ was issued. The election was held. The relator was defeated. The question at issue has become moot. The appeal will be dismissed if the judgment which is sought to be reversed has been carried out or the thing which appellant seeks to prevent has been accomplished. The Court will not retain jurisdiction to determine incidental matters such as costs. Vol. 3, O. Jur. 2d, Sec. 603, pp. 539, 540, 541.

Motion to dismiss the appeal on the ground that the question is moot will be sustained.

WISEMAN, PJ, MILLER and HORNBECK, JJ, concur.

Cite This Page — Counsel Stack

Bluebook (online)

139 N.E.2d 473, 73 Ohio Law. Abs. 544, 1954 Ohio App. LEXIS 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-brannum-v-sparks-ohioctapp-1954.

Opinion

Related

Cite This Page — Counsel Stack