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STATE EX REL. GUSWEILER v. BOARD OF ELECTIONS OF HAMILTON COUNTY

No. 36335.

170 Ohio St. 273 (1960)

THE STATE, EX REL. GUSWEILER, v. BOARD OF ELECTIONS OF HAMILTON COUNTY ET AL.

Supreme Court of Ohio.

Decided January 20, 1960.

Attorney(s) appearing for the Case

Messrs. Lindhorst & Dreidame, for relator.

Mr. C. Watson Hover, prosecuting attorney, and Mr. Raymond C. Wetherell, for respondents.

Per Curiam.

The basic question presented by the pleadings is whether the last paragraph of Section 2301.02, Revised Code, is in conflict with Section 13 of Article IV of the Constitution. The parties agree that the determination of the issue raised by the demurrer will be dispositive of the case.

Section 13 of Article IV of the Constitution provides:

"In case the office of any judge shall become...

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