Legal Opinion

Brubaker v. Montgomery County Board of Elections

Montgomery County Court of Common Pleas

Decided May 11, 1955No. 108,273PublishedCited by 1 opinion

1Opinion of the Court

OPINION

By McBRIDE, J.:

It appears anomalous that this court should be requested to restrain the Board of Elections when the same matter was recently in the Court of Appeals in mandamus to compel the same Board to hold an election. We are advised that the Court of Appeals overruled the Board’s demurrer, thereby finding that the petitioners for detachment alleged a cause of action and that thereafter the Board voluntarily reversed its decision as a result of which the mandamus action was dismissed, as moot, at the petitioners’ request. Although the decision of the Court of Appeals on the…

2Cases cited1 opinion

  1. State ex rel. McKay v. Board of ElectionsOhio Court of Appeals · 1953

3Cited by1 opinion

  1. Lima M & M Inc. v. DavisAllen County Court of Common Pleas · 1960

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