State ex rel. ClenDening v. Rose

Ohio Supreme Court

State ex rel. ClenDening v. Rose

93 Ohio St. (N.S.) 284

CourtOhio Supreme Court

DecidedDecember 11, 1915

DocketNo. 15045

StatusPublished

This text of 93 Ohio St. (N.S.) 284 (State ex rel. ClenDening v. Rose) 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.

Bluebook

State ex rel. ClenDening v. Rose, 93 Ohio St. (N.S.) 284 (Ohio 1915).

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Opinions

By the Court.

Mandamus is the proper remedy to restore a party to the possession of an office from which he has been illegally removed. The State, ex rel. Moyer, v. Baldwin, 77 Ohio St., 532; Karb, Mayor, v. The State, ex rel. Carter, 87 Ohio St., 197, and The State, ex rel. Stafford, v. The State Board of Appraisers and Assessors, 84 Ohio St., 505.

A peremptory writ is awarded for the reasons stated in the opinion in the case of The State, ex rel. Nolan, v. ClenDening et al., ante, 264.

Peremptory writ awarded.

Nichols, C. J., Johnson, Donahue and Wanamaker, JJ., concur. Newman, Jones and Matthias, JJ., concur as to the insufficiency of the charges, but do not' concur as to form of remedy.

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