State ex rel. Lindley v. Maccabees

Ohio Supreme Court

State ex rel. Lindley v. Maccabees

2 Ohio Law. Abs. 181

CourtOhio Supreme Court

DecidedFebruary 26, 1924

DocketNo. 18233

StatusPublished

This text of 2 Ohio Law. Abs. 181 (State ex rel. Lindley v. Maccabees) 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. Lindley v. Maccabees, 2 Ohio Law. Abs. 181 (Ohio 1924).

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Opinion

JONES, J.

1. The only authority given an individual to institute an action in quo warranto is found in Section 12307, General Code. Under its provisions one claiming title to a public office may bring such action in his private capacity.

2. Section 2, Article IV, of our Constitution, as amended in 1912, merely confers original jurisdiction in quo warranto upon this court; it grants no power of invocation, but safeguards the remedy only where the law empowers its exercise.

Writ denied.

Marshall, C. J., Matthias and Day, JJ., concur. Wanamaker, Robinson and Allen, JJ., took no part in the consideration or decision of the case.

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JONES, J.

1. The only authority given an individual to institute an action in quo warranto is found in Section 12307, General Code. Under its provisions one claiming title to a public office may bring such action in his private capacity.

2. Section 2, Article IV, of our Constitution, as amended in 1912, merely confers original jurisdiction in quo warranto upon this court; it grants no power of invocation, but safeguards the remedy only where the law empowers its exercise.

Writ denied.

Marshall, C. J., Matthias and Day, JJ., concur. Wanamaker, Robinson and Allen, JJ., took no part in the consideration or decision of the case.

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Bluebook (online)

2 Ohio Law. Abs. 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-lindley-v-maccabees-ohio-1924.