Ohio Circuit Court Reports (volume 8); Cases Adjudged In The Circuit Courts Of Ohio by Ohio. Circuit Courts

Ohio Circuit Court Reports (volume 8); Cases Adjudged In The Circuit Courts Of Ohio

byOhio. Circuit Courts

Paperback | February 7, 2012

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1906 Excerpt: ... IMG. Butler County. QUALIFICATIONS OF COUNCILMEN. Circuit Court of Butler County. State, Ex Rel Robert J. Shank, V. Homer Gahd--Quo WarRanto; And Fred Shearer V. Brandon R. Millikin Et Al--Injunction. Decided, May 1, 190G. Municipal Corporations--Qualifications of Members of Council--Inhibition against the Holding of any Other Office or Public Employment--Council the Judge of Election and Qualification of its Members--Words and Phrases--Construction of Sections 153G-G12 and 153G-G13. 1. The inhibition against the holding of other public office or employ ment, found in Section 120 of the municipal code (Revised Statutes, Section 153G-G13), relating to the qualifications of councilmen, is not limited to other office or employment by the municipality, but extends to all public office and employment. 2. Where one is elected to eouncil who is already serving in the office of school examiner and is further employed as superintendent of a public school, the election is a nullity by reason of his ineligibility, and council has the right to so determine without notice to the one so affected or the taking of any proceedings against him. and may proceed to fill the vacancy forthwith. Shank filed in the circuit court a proceeding in quo warranto, setting forth that at the organization of the council of the city of Hamilton, on January 8, 1906, he was elected clerk thereof, and that the defendant. Homer Gard, had usurped the said office and was unlawfully holding it from the possession of the relator. The prayer was for ouster. The answer denied the election of the relator and the alleged usurpation, and alleged that in May, 1903, the defendant was duly elected clerk of the council for a term of two years and until his successor was elected and qualified, and that on Ja...

Details & Specs

Title:Ohio Circuit Court Reports (volume 8); Cases Adjudged In The Circuit Courts Of OhioFormat:PaperbackDimensions:250 pages, 9.69 × 7.44 × 0.53 inPublished:February 7, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217305873

ISBN - 13:9780217305877

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