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State ex Rel. v. Board

Supreme Court of Ohio
Oct 10, 1962
185 N.E.2d 433 (Ohio 1962)

Opinion

No. 37584

Decided October 10, 1962.

Appeal — Dismissal — Moot question — Elections — Protest against candidacy.

APPEAL from the Court of Appeals for Cuyahoga County.

The relator, C.K. Patrick, filed a protest with the respondent Board of Elections of Cuyahoga County against the candidacy of one Robert Lang for precinct committeeman in the city of South Euclid, at the primary election on May 8, 1962. The respondent dismissed the protest because relator was not a resident of the precinct in which Lang resided.

Thereafter, relator instituted in the Court of Appeals the instant action in mandamus, praying for an order directing the respondent to reinstate the protest of relator, to conduct a hearing in regard to such protest, and to allow relator time to subpoena witnesses and appear at the hearing.

The Court of Appeals, on May 3, allowed the writ. Notice of appeal to this court was filed on May 3, and a praecipe was filed on May 9.

Mr. Joseph Patchan, for appellee.

Mr. John T. Corrigan, prosecuting attorney, and Mr. Frederick W. Frey, for appellant.


Since the election has been held, the case has become moot. Therefore, the appeal is dismissed. State, ex rel. Keller, v. Loney et al., Board of Elections, 169 Ohio St. 394.

Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, MATTHIAS, BRYANT and O'NEILL, JJ., concur.

GRIFFITH, J., not participating.

BRYANT, J., of the Tenth Appellate District, sitting by designation in the place and stead of HERBERT, J.


Summaries of

State ex Rel. v. Board

Supreme Court of Ohio
Oct 10, 1962
185 N.E.2d 433 (Ohio 1962)
Case details for

State ex Rel. v. Board

Case Details

Full title:THE STATE EX REL., PATRICK, APPELLEE v. BOARD OF ELECTIONS OF CUYAHOGA…

Court:Supreme Court of Ohio

Date published: Oct 10, 1962

Citations

185 N.E.2d 433 (Ohio 1962)
185 N.E.2d 433

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