Legal Opinion · Concurrence

State, Ex Rel. Cullinan v. Boards, Elections

Ohio Court of Appeals

Decided September 18, 1968No. 387 and 1814Published

1ConcurrenceBrown, J.

I would add a few observations to the foregoing decision with which I concur.

Even if, for the sake of argument, the Court of Appeals had jurisdiction to maintain an original action in mandamus and in prohibition concerning the subject matter of an election controversy in both cases, the substantive law applicable to the facts stated in both petitions would require a denial of relief to relator in both cases. I prefer to emphasize the substantive law applicable and to predicate our decision entirely upon it rather than upon rules of law delineating and concerning original jurisdiction of the…

2Cases cited14 opinions

  1. State ex rel. Sibarco Corp. v. City of BereaOhio Supreme Court · 1966
  2. In Re KurtzhalzOhio Supreme Court · 1943
  3. State ex rel. Federal Homes Properties, Inc. v. SingerOhio Supreme Court · 1967
  4. State ex rel. Riley Construction Co. v. East Liverpool City School District Board of EducationOhio Supreme Court · 1967
  5. Lewis v. Schooner ClevelandOhio Supreme Court · 1843

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