State ex rel. Galloway v. Board of County Commissioners

Ohio Supreme Court

State ex rel. Galloway v. Board of County Commissioners

174 Ohio St. (N.S.) 535

CourtOhio Supreme Court

DecidedMay 15, 1963

DocketNo. 38011

StatusPublished

This text of 174 Ohio St. (N.S.) 535 (State ex rel. Galloway v. Board of County Commissioners) 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. Galloway v. Board of County Commissioners, 174 Ohio St. (N.S.) 535 (Ohio 1963).

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Opinion

Per Curiam.

In the absence of statutory provisions to the contrary, an elector signing a referendum petition authorized by law has a right to withdraw his signature from such petition at any time before official action has been taken thereon and before an action in mandamus has been properly commenced to compel the taking of such action, even though after the time within which such petition is required by law to be filed and after it actually has been filed. State, ex rel. Kahle, v. Rupert, Aud., 99 Ohio St., 17; Lynn v. Supple, Clerk, 166 Ohio St., 154.

“Official action” in the instant case would be the certification of the issue by the respondent to the board of elections.

The writ of mandamus is denied.

Writ denied.

Taft, C. J., Zimmerman, Matthias, O’Neill, Griffith, Herbert and Gibson, JJ., concur.

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Per Curiam.

In the absence of statutory provisions to the contrary, an elector signing a referendum petition authorized by law has a right to withdraw his signature from such petition at any time before official action has been taken thereon and before an action in mandamus has been properly commenced to compel the taking of such action, even though after the time within which such petition is required by law to be filed and after it actually has been filed. State, ex rel. Kahle, v. Rupert, Aud., 99 Ohio St., 17; Lynn v. Supple, Clerk, 166 Ohio St., 154.

“Official action” in the instant case would be the certification of the issue by the respondent to the board of elections.

The writ of mandamus is denied.

Writ denied.

Taft, C. J., Zimmerman, Matthias, O’Neill, Griffith, Herbert and Gibson, JJ., concur.

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Bluebook (online)

174 Ohio St. (N.S.) 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-galloway-v-board-of-county-commissioners-ohio-1963.