State ex rel. Huston v. Commissioners
Ohio Supreme Court
This is an application for a writ of mandamus. The material facts upon which the application is predicated, are the following: On the 22d day of March, 1851, the general assembly of the State of Ohio passed “ an act referring to the voters of Perry county, the question of a removal of the seat .of justice of said county.” At the date of this act, the county seat of said county was at the village of Somerset.
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This is an application for a writ of mandamus. The material facts upon which the application is predicated, are the following: On the 22d day of March, 1851, the general assembly of the State of Ohio passed “ an act referring to the voters of Perry county, the question of a removal of the seat .of justice of said county.” At the date of this act, the county seat of said county was at the village of Somerset. Those portions of said act which are material to a proper understanding of the case, are as follows : Section 1st provides for the time and manner of voting on the question ; and for the…
1Opinion of the CourtScott, J.
A question has been made in this case, whether the proper parties are before the court. The respondents claim that the State of Ohio is not a proper party, and that the relators have not such an interest in the subject matter as will entitle them to the remedy which they seek. The 570th section of the code provides that the writ “ may issue on the information of the party beneficially interested,” and we think the facts stated in the information show such a beneficial interest in the relators as should entitle them to relief. The subject matter of complaint is the refusal by public officers…
2Cited by27 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Irvin v. GregorySupreme Court of Georgia · 1891
- State ex rel. Jones v. County CommissionersNebraska Supreme Court · 1877
- State Ex Rel. Allen v. FergusonOhio Supreme Court · 1951
- State Ex Rel. Kauer v. DefenbacherOhio Supreme Court · 1950
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