Dalton v. State ex rel. Richardson
Ohio Supreme Court
Mandamus. With this case is considered and determined Dalton v. State ex rel. Amzi McGill, Dalton v. State ex rel. Frank Kirchner, and Dalton v. State ex rel. Geo. W. Hardacre.
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Mandamus. With this case is considered and determined Dalton v. State ex rel. Amzi McGill, Dalton v. State ex rel. Frank Kirchner, and Dalton v. State ex rel. Geo. W. Hardacre. The relator in the 'reported case, James C. Richardson, was one of the four Republican candidates for senator, in the general assembly of Ohio from Hamilton county, at the October election, held on the 13th day of October, 1885. On the 19th day of October, 1885, Daniel J. Dalton, as clerk of the court of common pleas of such county, with Samuel Bloom and ¥m. J. Sanderson, two justices of the peace within and for…
1DissentJohnson, J.
The motion to strike out certain specific allegations contained in the amended petition, showing that certain election returns were not legal returns, and therefore should not be counted, the demurrer to the same petition, and the motion to quash the alternative writ, made by the defendant in mandamus, were each based upon the same ground, namely: that the canvassing board is the sole judge of what are legal returns, and the circuit court have no power or jurisdiction to control such board as to their duty in the premises.
The overruling of each of these motions and the demurrer were excepted…
2Cases cited15 opinions
- Miller v. WilsonOhio Supreme Court · 1846
- State ex rel. Bloxham v. GibbsSupreme Court of Florida · 1869
- State ex rel. Drew v. McLinSupreme Court of Florida · 1876
- State ex rel. McDill v. Board of State Canvassers & the Secretary of StateWisconsin Supreme Court · 1874
- Pacheco v. BeckCalifornia Supreme Court · 1877
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