# State Ex Rel. Meurer v. Eyrich

> Ohio Supreme Court · January 24, 1951 · 154 Ohio St. 471

URL: https://www.frixlaw.com/law-library/cases/3782890

## Case

- **Full name:** The State, Ex Rel. Meurer, Appellant, v. Eyrich, Jr., Et Al., Hamilton County Board of Elections, Appellees
- **Court:** Ohio Supreme Court
- **Decided:** January 24, 1951
- **Citations:** 154 Ohio St. 471; 154 Ohio St. (N.S.) 471; 43 Ohio Op. 384; 96 N.E.2d 412; 1951 Ohio LEXIS 634
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Weygandt, Zimmerman, Stewart, Middleton, Taft, Matthias, Hart
- **Cited by:** 3 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/3782890

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3782890. Public record. Not legal advice.