State Ex Rel. Kirk v. Wheatley

The principal question presented upon the merits of this case is whether Wheatley, the successful candidate for the office of county engineer in the election of November, 1986, was an eligible candidate for such office at the time of the election. However, two preliminary questions are presented which logically should be first considered, and those are whether the action was prematurely brought and whether the remedy of quo warranto is' available.

This proceeding was instituted under favor of the provisions of Section 12303, General Code, the pertinent portions of which are as follows:

“A civil…