STATE, EX REL. NEWELL v. BROWN

No. 34143.

162 Ohio St. 147 (1954)

THE STATE, EX REL. NEWELL, JR., v. BROWN, SECY. OF STATE, ET AL.

Supreme Court of Ohio.

Decided October 7, 1954.


Attorney(s) appearing for the Case

Mr. W. K. Gardner and Mr. Sterling Newell, Jr., for relator.

Mr. C. William O'Neill, attorney general, and Mr. Joseph S. Gill, for respondent Ted W. Brown, Secretary of State.

Mr. Frank T. Cullitan, prosecuting attorney, and Mr. Saul S. Danaceau, for respondent members of the Board of Elections of Cuyahoga County.

Mr. Owen C. Neff, for intervening respondent. Robert W. Chamberlin.


STEWART, J.

Three questions are presented to us in considering whether the demurrers of respondents to relator's petition should be sustained or overruled. They are:

1. Has relator the capacity or qualification which entitles him to maintain this action?

2. Is an action in prohibition a proper remedy for the relief which relator seeks?

3. Is the statute, under and in compliance with which Goldman, Sweeney and Chamberlin admittedly filed their...

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