State ex rel. Nolan v. Brown

Ohio Supreme Court

State ex rel. Nolan v. Brown

3 Ohio Law. Abs. 675

CourtOhio Supreme Court

DecidedJuly 1, 1925

DocketNo. 19330

StatusPublished

This text of 3 Ohio Law. Abs. 675 (State ex rel. Nolan v. Brown) 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. Nolan v. Brown, 3 Ohio Law. Abs. 675 (Ohio 1925).

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Opinion

KINKADE, J.'

1. The" state supervisor of elections is not required to comply with the recommendation of a political executive committee for the appointment of a deputy state supervisor of elections, unless such recommendation certifies that the person so named is a qualified elector of the county, and further, that he is qualified in all other respects to fill the office.

2. The truth of any statement in such recommendation may he judicially determined in court at the instance of either the state supervisor of elections or of the committee making the recommendation.

3. Unless the state supervisor of elections establishes in court, by clear and convincing evidence, that the party recommended by the committee is disqualified to hold the office, it is his duty to make the appointment recommended by the committee.

Motion overruled.

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KINKADE, J.'

1. The" state supervisor of elections is not required to comply with the recommendation of a political executive committee for the appointment of a deputy state supervisor of elections, unless such recommendation certifies that the person so named is a qualified elector of the county, and further, that he is qualified in all other respects to fill the office.

2. The truth of any statement in such recommendation may he judicially determined in court at the instance of either the state supervisor of elections or of the committee making the recommendation.

3. Unless the state supervisor of elections establishes in court, by clear and convincing evidence, that the party recommended by the committee is disqualified to hold the office, it is his duty to make the appointment recommended by the committee.

Motion overruled.

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Bluebook (online)

3 Ohio Law. Abs. 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-nolan-v-brown-ohio-1925.