# State ex rel. Village of Kettering v. Montgomery County Board of Elections

> Ohio Court of Appeals · May 23, 1955 · 71 Ohio Law. Abs. 550

URL: https://www.frixlaw.com/law-library/cases/6750156

## Case

- **Full name:** STATE, ex rel. VILLAGE OF KETTERING, OHIO, etc., Relator v. MONTGOMERY COUNTY BOARD OF ELECTIONS, etc.
- **Court:** Ohio Court of Appeals
- **Decided:** May 23, 1955
- **Citations:** 71 Ohio Law. Abs. 550; 133 N.E.2d 655; 1955 Ohio App. LEXIS 777
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Hornbeck, Miller, Wiseman
- **Cited by:** 1 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/6750156

## Opinion text

*551 OPINION
By THE COURT:
This matter is presented on demurrer to the petition in an original action for a writ of prohibition. The extraordinary writ of prohibition is never granted except upon a showing of a clear right. Where there is a doubt in the mind of the Court the writ is denied. The allegations in the petition do not show that there is a clear right to the writ; but rather it presents a doubtful case.
The demurrer to the petition is sustained.
MILLER, PJ, HORNBECK and WISEMAN, JJ, concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6750156. Public record. Not legal advice.