State Ex Rel. Devitt v. Kennedy

By the Court.

This matter was presented on the petition for a writ of mandamus, an answer, and a demurrer to the answer.

On February 28, 1938, the term of Felix T. Matia, one of the Democratic members of the board of elections of Cuyahoga county expired. On February 4, 1938, an executive committee, which it is alleged was selected on December 29, 1937, adopted a resolution recommending Peter J. Warren for appointment to this position on the board of elections, and on February 11, 1938, this recommendation was filed by the relator with the Secretary of State.

On January 5, 1938, a resolution…