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STATE, EX REL. BARKLOW v. APPEL

No. 34970.

165 Ohio St. 498 (1956)

THE STATE, EX REL. BARKLOW, APPELLEE, v. APPEL ET AL., BOARD OF ELECTIONS OF SCIOTO COUNTY, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided October 17, 1956.

Attorney(s) appearing for the Case

Messrs. Kimble, Schapiro, Stevens & Harsha, for appellee.

Mr. Everett Burton, prosecuting attorney, Mr. Emory F. Smith and Messrs. Miller, Searl & Fitch, for appellants.

Per Curiam.

Is the judgment of the Court of Appeals, granting a writ of mandamus requiring the members to omit the name of Hillman from the ballot at the election of November 6, 1956, because he did not have the statutory qualifications as a candidate for the office of county engineer, erroneous?

Respondents claim that it was error to grant a writ of mandamus in this case, for the reason that the decision of the board

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