State ex rel. Brenders v. Hall

Brenders asserts in his sole proposition of law that the office of lieutenant in the Brook Park Police Department is being unlawfully held by Hall, and should be rightfully held by him, because the promotional examination was not competitive.

“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.” R.C. 2733.06. A police officer of a municipal corporation is a public officer and occupies a public office. State ex rel. Mikus v. Hirbe (1965), 5 Ohio App.2d 307, 34…