State ex rel. Wetecamp v. Brown

Ohio Supreme Court

State ex rel. Wetecamp v. Brown

159 Ohio St. (N.S.) 172

CourtOhio Supreme Court

DecidedMarch 25, 1953

DocketNo. 32985

StatusPublished

This text of 159 Ohio St. (N.S.) 172 (State ex rel. Wetecamp 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. Wetecamp v. Brown, 159 Ohio St. (N.S.) 172 (Ohio 1953).

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Opinion

Per Curiam.

The issuance of a writ of mandamus requiring the appointment as prayed for would be a vain thing, inasmuch, had Wetecamp been holding the office for such term, he would automatically have been retired on June 30, 1952, as required by Section 486-59, General Code, unless, upon approval of an application therefor, he had been “continued in service for a period of one year or any part thereof,” which the Secretary of State, as the appointing authority, refused to do.

The question involved, therefore, is moot. The petition is dismissed on authority of Miner v. Witt, City Clerk, 82 Ohio St., 237, 92 N. E., 21.

Petition dismissed.

Weygandt, C. J., Middleton, Taet, Matthias, Hart, Zimmerman and Stewart, JJ., concur.

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Per Curiam.

The issuance of a writ of mandamus requiring the appointment as prayed for would be a vain thing, inasmuch, had Wetecamp been holding the office for such term, he would automatically have been retired on June 30, 1952, as required by Section 486-59, General Code, unless, upon approval of an application therefor, he had been “continued in service for a period of one year or any part thereof,” which the Secretary of State, as the appointing authority, refused to do.

The question involved, therefore, is moot. The petition is dismissed on authority of Miner v. Witt, City Clerk, 82 Ohio St., 237, 92 N. E., 21.

Petition dismissed.

Weygandt, C. J., Middleton, Taet, Matthias, Hart, Zimmerman and Stewart, JJ., concur.

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Bluebook (online)

159 Ohio St. (N.S.) 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-wetecamp-v-brown-ohio-1953.