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STATE, EX REL. TOBIAS v. SEITZ

No. 33589.

161 Ohio St. 269 (1954)

THE STATE, EX REL. TOBIAS, v. SEITZ.

Supreme Court of Ohio.

Decided March 31, 1954.

Attorney(s) appearing for the Case

Messrs. Lusk & Shaw, for relator.

Mr. George M. Monahan, prosecuting attorney, for respondent.

HART, J.

The question involved is: Upon a vacancy occurring in the office of Clerk of the Court of Common Pleas of a county in this state because of the death of the duly elected incumbent, does the Board of County Commissioners of such county have authority to appoint a temporary clerk for an interim period less than the period of such vacancy?

The answer depends upon the proper construction of Section 2870,...

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