State ex rel. Brown v. Constable
Ohio Supreme Court
Beserved in the county of Athens. The case is this: At the November term, 1835, of the Supreme Court for the county of Athens, A. Gr. Brown, of said county, filed an affidavit, setting forth that at the October election of that year* he was duly elected recorder for said county; that he had demanded the books, papers, documents, and records, pertaining to said office, of one Robert E. Constable, who had previously holden the office, and who refused to give them up.
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Beserved in the county of Athens. The case is this: At the November term, 1835, of the Supreme Court for the county of Athens, A. Gr. Brown, of said county, filed an affidavit, setting forth that at the October election of that year* he was duly elected recorder for said county; that he had demanded the books, papers, documents, and records, pertaining to said office, of one Robert E. Constable, who had previously holden the office, and who refused to give them up. And upon this affidavit moved the court for a writ of mandamus, commanding Constable to deliver over to him said books, papers,…
1Opinion of the Court
Judge Hitchcock
delivered the opinion of the court:
Two questions are presented to the court for examination in the ■decision of this case.
1. Was Robert E. Constable, the defendant, legally elected recorder ?
2. If legally elected, at what time would his term of office expire ?
In the determination of these questions, we have no other guides than the several legislative enactments on the subject. Previous do the year 1829, county recorders were appointed by the associate judges of the court of common pleas of the proper county, and the term of office was seven years. But on the 11th of February,…
2Cited by5 opinions
- Spears v. DavisTexas Supreme Court · 1966
- State ex inf. Major ex rel. Sikes v. WilliamsSupreme Court of Missouri · 1909
- Attorney-General ex rel. Haight v. LoveSupreme Court of New Jersey · 1877
- Tupy v. OremusAppellate Court of Illinois · 1982
- Spears v. DavisTexas Supreme Court · 1966