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STATE, EX REL. FLYNN v. BOARD

No. 34592.

164 Ohio St. 193 (1955)

THE STATE, EX REL. FLYNN, v. BOARD OF ELECTIONS OF CUYAHOGA COUNTY ET AL.

Supreme Court of Ohio.

Decided October 14, 1955.

Attorney(s) appearing for the Case

Mr. John James Brown and Mr. Neil W. McGill, for relator.

Mr. Frank T. Cullitan, prosecuting attorney, and Mr. Saul S. Danaceau, for respondents.

MATTHIAS, J.

The consideration of the claims made by the relator as to the alleged unconstitutionality of Section 1901.06, Revised Code, is necessarily of first importance. Relator contends that the act invades the power of the judiciary and is in violation of Section 32, Article II of the Constitution of Ohio, which provides that "the General Assembly shall grant no divorce, nor exercise any judicial power not herein expressly

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