Legal Opinion

State ex rel. Attorney-General v. Covington

Ohio Supreme Court

Decided December 15, 1876PublishedCited by 109 opinions

QUO WARRANTO. The information herein filed charges the defendants with unlawfully intruding into, usurping, and exercising-the offices of a board of police commissioners and a board of health for the city of Cincinnati; and that they have taken possession of, and are now holding the prisons, station-houses and other real and personal property of the city pertaining to the police and health departments ; that they are unlawfully using and expending the funds raised by…

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QUO WARRANTO. The information herein filed charges the defendants with unlawfully intruding into, usurping, and exercising-the offices of a board of police commissioners and a board of health for the city of Cincinnati; and that they have taken possession of, and are now holding the prisons, station-houses and other real and personal property of the city pertaining to the police and health departments ; that they are unlawfully using and expending the funds raised by taxation of the people of Cincinnati for police and sanitary purposes; and prays that they may be made to answer to the State…

1Opinion of the CourtMcIlvaine, J.

The statute under which the defendants claim to hold and exercise the offices and privileges named in the information provides “ that in all cities of the first class, having at the last federal census a population of two hundred thousand and over, the police powers and duties shall be vested in and exercised by a board of five members, to be appointed by the governor for a term of five years,” etc.

The terms employed in this statute to describe the class of cities' provided for were intended, probably, to make the statute conform to the requirement of section 26, article 2, of the…

2Cases cited1 opinion

  1. The People v. . Simeon DraperNew York Court of Appeals · 1857

3Cited by109 opinions

  1. State ex rel. Ohio Academy of Trial Lawyers v. ShewardOhio Supreme Court · 1999
  2. State v. BryanSupreme Court of Florida · 1905
  3. Richardson v. YoungTennessee Supreme Court · 1909
  4. Hoover v. Board of County CommissionersOhio Supreme Court · 1985
  5. State ex rel. Dix v. CelesteOhio Supreme Court · 1984

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