Opinion

State Ex Rel. Meurer v. Eyrich

  • 154 Ohio St. 471
  • 154 Ohio St. (N.S.) 471
  • 43 Ohio Op. 384
  • 96 N.E.2d 412
  • 1951 Ohio LEXIS 634
Court
Ohio Supreme Court
Filed
Jan 24, 1951
Status
Published
On the bench
Weygandt, Zimmerman, Stewart, Middleton, Taft, Matthias, Hart
Cited by
3 cases
Authority
More cited than 72.9%

The opinion

By the Court.

This proceeding is in this court on appeal from a judgment of the Court of Appeals sustaining a demurrer to and dismissing a petition in prohibition filed originally in that court to prevent the board of elections from using certain “absent voter’s ballots” which were not “printed and ready for use thirty days before the date of the election,” as required by Section 4785-113, General Code. After the demurrer was sustained, the relator declined' to plead further.

The extraordinary remedy of prohibition is not available to prevent the performance of a purely ministerial act.

The judgment is affirmed.

Judgment affirmed.

Weygandt, C. J., Zimmerman, Stewart, Middleton, Taft, Matthias and Hart, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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