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STATE, EX REL. HIGGINS v. BROWN

No. 36479.

170 Ohio St. 511 (1960)

THE STATE, EX REL. HIGGINS ET AL., v. BROWN, SECY. OF STATE, ET AL.

Supreme Court of Ohio.

Decided April 13, 1960.

Attorney(s) appearing for the Case

Messrs. Rudd, Ober, Finley & Miller, Mr. James W. Shocknessy and Mr. Howard M. Metzenbaum, for relators.

Mr. Mark McElroy, attorney general, Mr. Gerald J. Celebrezze and Mr. John F. O'Brien, for respondent Secretary of State.

Mr. John T. Corrigan, prosecuting attorney, Mr. A. M. Braun and Mr. Frederick W. Frey, for respondent Board of Elections of Cuyahoga County.

TAFT, J.

Prohibition is an appropriate proceeding to prevent a board of elections from placing a candidate's name on a ballot where such name may not lawfully be placed thereon. State, ex rel. Newell, Jr., v. Brown, Secy, of State, 162 Ohio St. 147, 122 N.E.2d 105. Furthermore, in such a prohibition proceeding, notwithstanding the provisions of Section 3513.05, Revised Code, that the determination of a board of...

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