# State, Ex Rel. Smith v. Johnson

> Ohio Court of Appeals · October 19, 1967 · 12 Ohio App. 2d 87

URL: https://www.frixlaw.com/law-library/cases/3774498

## Case

- **Full name:** The State, Ex Rel. Smith, Appellee, v. Johnson Et Al., Members of Board of Elections of Mahoning County, Appellants
- **Court:** Ohio Court of Appeals
- **Decided:** October 19, 1967
- **Citations:** 12 Ohio App. 2d 87; 41 Ohio Op. 2d 163; 231 N.E.2d 81; 1967 Ohio App. LEXIS 382
- **Precedential status:** Published
- **Opinion:** Concurrence by Jones
- **Judges:** Lynch, Jones, O'Neill
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3774498

## Opinion text

Jones, P.J.,
concurring in judgment. There was neither evidence of fraud nor abuse of discretion on the part of the Mahoning County Board of Elections
(State, ex rel. Walts,
v.
Michell,
124 Ohio St. 161 ), nor was the finding of the board the result of flagrant misinterpretation of a statute or legal principles applicable thereto.
(State, ex rel. Hanna,
v.
Milburn,
170 Ohio St. 9 ;
Sullivan
v.
State, ex rel. O’Connor,
125 Ohio St. 387, 392 .)
Accordingly, I concur in paragraphs one, two and three of the syllabus. Paragraph four of the syllabus and the dictum set out in the opinion, commencing with paragraph four on page 91 are unnecessary in the decision of this case, and, therefore, I withhold comment upon them.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3774498. Public record. Not legal advice.