State Ex Rel. Welty v. Outland

It is not disputed that both a prosecuting attorney and a commissioned officer in the active military service of the United States are holders of public offices. State, ex rel. Cooper, v. Roth, 140 Ohio St., 377, 44 N. E. (2d), 456.

The question here involved is whether on January 1, 1941, the relator as a commissioned officer in the active military service of the United States was eligible to qualify for the office of prosecuting attorney of Logan county.

The relator places reliance on the following provisions of Sections 2397-1 and 2397-2, G-eneral Code:

“Whenever any county officer shall be…