Legal Opinion

State ex rel. Morris v. Sullivan

Ohio Supreme Court

Decided October 19, 1909No. 11773Published

Quo Warranto. This action is one in quo warranto originally commenced in this court by the relator, James C. Morris, to recover possession of the office of member of the Railroad Commission of Ohio, to which office he claims to have been duly and legally appointed on January 4, 1909, by Andrew L. Harris, then governor of the state of Ohio. The essential and controlling facts are sufficiently stated in the pleadings of the parties, and are not in dispute.

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Quo Warranto. This action is one in quo warranto originally commenced in this court by the relator, James C. Morris, to recover possession of the office of member of the Railroad Commission of Ohio, to which office he claims to have been duly and legally appointed on January 4, 1909, by Andrew L. Harris, then governor of the state of Ohio. The essential and controlling facts are sufficiently stated in the pleadings of the parties, and are not in dispute. The petition of James C. Morris, the relator herein, alleges and charges as follows: Now comes James C. Morris, the relator herein, and…

1Opinion of the CourtCrew, C. J.

On January 4, 1909, the relator, James C. Morris, was appointed by Andrew L. Harris then Governor of the State of Ohio, to be a member of the railroad commission of this state for the term of six years, said term to commence on the first Monday in February, 1909, and to terminate on the first Monday of February 1915. On the same day the Senate of Ohio, being then in session, assented to and confirmed said appointment. On the following day — January 5th — Governor Harris issued to said James C. Morris a commission to serve .as a member of said railroad commission for said term of six years…

2Cases cited5 opinions

  1. People ex rel. Sweet v. WardCalifornia Supreme Court · 1895
  2. Edwards v. GauldingMississippi Supreme Court · 1859
  3. Keech v. Baltimore & Washington Rail RoadCourt of Appeals of Maryland · 1861
  4. Peterson v. GittingsSupreme Court of Iowa · 1899
  5. Johnson v. FluetschSupreme Court of Missouri · 1903

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