State Ex Rel. Smith v. Nazor

This is an action in quo warranto, instituted in this court on behalf of relator, W. F. Smith, for an order to oust respondent, J. H. Nazor, from the office of member of council of the city of Ironton, Ohio.

The agreed statement of facts dis'closes that the council of the city of Ironton, Ohio, is composed of seven members; that a vacancy occurred therein by the resignation of one of its members; that on May 26, 1938, at a regular meeting of the council, attended by the six remaining members, council proceeded to fill the vacancy by election; that six candidates, including relator and…