Opinion

State ex rel. Graf v. Brown

  • 170 Ohio St. (N.S.) 37
Court
Ohio Supreme Court
Filed
Oct 21, 1959
Status
Published
Author
Bellherbert
On the bench
Bell, Herbert, Matthias, Peck, Taet, Weygandt, Zimmerman
Cited by
0 cases

The opinion

Bell and Herbert, JJ.,

concurring. Although we did not concur in the judgment in State, ex rel. Wesselman, v. Board of Elections of Hamilton County, ante, 30, the doctrine of stare decisis impels us to concur herein. To do otherwise would result in the ridiculous situation of this statute being unconstitutional in Hamilton County by virtue of the affirmance of the judgment of the Court of Appeals by a majority of this court but constitutional in Franklin County because fewer than sis judges of the court believe it to be unconstitutional. Section 2, Article IV, Constitution. See Johnson v. O’Hara, 156 Ohio St., 117 , 100 N. E. (2d), 223, and Mele v. Mason, 156 Ohio St., 118 , 100 N. E. (2d), 224.

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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