State Ex Rel. Tobin v. Sweeney

In cause No. 29082, Patrick Tobin filed in this court a petition for a writ of mandamus to compel the respondent to appoint him as a member of the Board of Elections of Summit county for the four-year term commencing March 1, 1942.

In cause No. 29102, Julius Kohler and other members of the Democratic Executive Committee of that county seek from this court a writ of mandamus compelling the respondent to appoint Tobin to the office aforesaid.

The respondent filed a demurrer to each petition. Subsequently the respondent filed motions to dismiss both petitions for the reasons that Tobin died after…