State ex rel. Turner v. Fender

Ohio Supreme Court

State ex rel. Turner v. Fender

1 Ohio Law. Abs. 40

CourtOhio Supreme Court

DecidedJuly 1, 1922

DocketNo. 17383

StatusPublished

This text of 1 Ohio Law. Abs. 40 (State ex rel. Turner v. Fender) 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. Turner v. Fender, 1 Ohio Law. Abs. 40 (Ohio 1922).

Pincite

Opinion

WANAMAKER, J.:

1. The Supreme Court of Ohio is given original jurisdiction in qua warranto in favor of any and all citizens of Ohio, who, as a matter of right and without leave granted, may file a petition in such action.

2. The statute construed in State, ex rel. Lowes v. Thompson, 34 Ohio St., 365, requiring that “the action (in quo warranto) must be brought in the county in which the defendant resides or may be summoned, in accordance with section 10, chapter 5, title 1, of the act,” so far as it relates to the Supreme Court, is repealed by the new Constitution of 1912, particularly judicial Section 2, Article IV, thereof, conferring original jurisdiction.

Judgment for relators.

Marshall, C. J., Hough, Robinson, Jones and Matthias, JJ., concur. Clark, J., took no part in the consideration or decision of the case.

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

WANAMAKER, J.:

1. The Supreme Court of Ohio is given original jurisdiction in qua warranto in favor of any and all citizens of Ohio, who, as a matter of right and without leave granted, may file a petition in such action.

2. The statute construed in State, ex rel. Lowes v. Thompson, 34 Ohio St., 365, requiring that “the action (in quo warranto) must be brought in the county in which the defendant resides or may be summoned, in accordance with section 10, chapter 5, title 1, of the act,” so far as it relates to the Supreme Court, is repealed by the new Constitution of 1912, particularly judicial Section 2, Article IV, thereof, conferring original jurisdiction.

Judgment for relators.

Marshall, C. J., Hough, Robinson, Jones and Matthias, JJ., concur. Clark, J., took no part in the consideration or decision of the case.

Cite This Page — Counsel Stack

Bluebook (online)

1 Ohio Law. Abs. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-turner-v-fender-ohio-1922.