STATE EX REL. BUIAN v. KADLEC

No. 78-297.

56 Ohio St. 2d 116 (1978)

THE STATE, EX REL. BUIAN, APPELLANT, v. KADLEC, APPELLEE.

Supreme Court of Ohio.

Decided December 4, 1978.


Attorney(s) appearing for the Case

Mr. John R. Vintilla, for appellant.

Mr. John E. Holcomb, director of law, and Mr. Edward J. Riegler, for appellee.


Per Curiam.

R. C. 2733.06 provides that:

"A person claiming to be entitled to a public office unlawfully held and exercised by another may bring an action therefor by himself or an attorney at law, upon giving security for costs."

Obviously, such action does not lie unless the person against whom it is brought is exercising a public office.

Section 104 of the Charter of the city of Akron establishes the position of personnel director...

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