STATE, EX REL. WESSELMAN v. BOARD OF ELECTIONS OF HAMILTON COUNTY

No. 36265.

170 Ohio St. 30 (1959)

THE STATE, EX REL. WESSELMAN, APPELLEE, v. BOARD OF ELECTIONS OF HAMILTON COUNTY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided October 21, 1959.


Attorney(s) appearing for the Case

Messrs. Lindhorst & Dreidame and Mr. G. C. Farris, for appellee.

Mr. C. Watson Hover, prosecuting attorney, Mr. Mark McElroy, attorney general, Mr. John A. Hoskins and Mr. Gerald J. Celebrezze, for appellants.


TAFT, J.

It is contended that relator, although a citizen, has no standing to bring this action.

However, paragraph one of the syllabus in State, ex rel. Newell, v. Brown, Secy. of State, 162 Ohio St. 147, 122 N.E.2d 105, reads:

"Ordinarily a person is not authorized to attack the constitutionality of a statute, where his private rights have suffered no interference or impairment, but as a matter...

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