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STATE, EX REL. TRAGO v. EVANS.

No. 35016.

166 Ohio St. 269 (1957)

THE STATE, EX REL. TRAGO, APPELLANT, v. EVANS, APPELLEE.

Supreme Court of Ohio.

Decided April 3, 1957.

Attorney(s) appearing for the Case

Mr. M. M. Carlisle, Mr. John A. Staker and Mr. Richard L. Eisnaugle, for appellant.

Mrs. Mary Nicholson Snyder and Mr. Roy J. Gilliland, prosecuting attorneys, for appellee.

STEWART, J.

Section 305.03, Revised Code, reads as follows:

"Whenever any county officer is absent from the county for 90 consecutive days, except in case of sickness or injury as provided in this section, his office shall be deemed vacant and the Board of County Commissioners shall declare a vacancy to exist in such office.

"Such vacancy shall be filled in the manner provided by Section 305.02 of the Revised Code.

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