State ex rel. Halak v. Cebula

Ordinarily, an action in quo warranto against a public official, inquiring by what, authority the individual holds his office, must be brought by the Attorney General or a prosecuting attorney. An exception is provided in R. C. 2733.06 which states:

“A person claiming to be entitled to a public office unlawfully held and exercised by another may bring an action therefor by himself or an attorney at law, upon giving security for costs.” . .

It has long been held and accepted that a private person cannot maintan an action in quo warranto except-under the authority of this statute, and “he must…