Legal Opinion

State ex rel. Berry v. Tackett

Ohio Supreme Court

Decided November 7, 1979No. 79-570PublishedCited by 4 opinions

1Per curiam

Relator is requesting this court to issue a writ of quo warranto to prevent the members of the Board of County Commissioners, Clark County, from exceeding their alleged lawful authority. In paragraph two of the syllabus in State, ex rel. Hogan, v. Hunt (1911), 84 Ohio St. 143, this court stated that “the legality of the exercise of a mere function alleged to be erroneously exercised by one who***is a public officer, can not be inquired into by a proceeding in quo warranto.” The extraordinary remedy of quo warranto is properly employed to test the actual right to an office or franchise. It can…

2Cited by4 opinions

  1. City of Parma v. City of ClevelandOhio Supreme Court · 1984
  2. State Ex Rel. Calvaruso v. BrownOhio Supreme Court · 2014
  3. State Ex Rel. Calvaruso v. BrownOhio Supreme Court · 2014
  4. State Ex Rel. Calvaruso v. BrownOhio Supreme Court · 2014

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