Legal Opinion

State ex rel. Cain v. Kay

Ohio Supreme Court

Decided April 10, 1974No. 73-761PublishedCited by 24 opinions

1Opinion of the CourtHeebeet, J.

A single issue needs to be resolved in this case: Can an individual claimant bring an action in quo warranto to determine by what authority the respondent claims right and title to the office of chairman of the state central committee of a political party?

Quo warranto is a high prerogative writ of an extraordinary nature. State, ex rel. Day, v. Superior Savings & Loan Assn. (1971), 25 Ohio St. 2d 79, 266 N. E. 2d 842. Its provenance was in early English common law, where its function was to safeguard the public interests by protecting the right of the crown against the unlawful usurpation of…

2Cases cited7 opinions

  1. State Ex Rel. Lindley v. MacCabeesOhio Supreme Court · 1924
  2. State Ex Rel. Crabbe v. Thistle Down Jockey Club, Inc.Ohio Supreme Court · 1926
  3. State Ex Rel. Bricker v. GessnerOhio Supreme Court · 1935
  4. State ex rel. Corrigan v. WheelerOhio Supreme Court · 1971
  5. State Ex Rel. Mick v. BurkeOhio Supreme Court · 1929

2 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State ex rel. Coyne v. TodiaOhio Supreme Court · 1989
  2. State ex rel. Battin v. BushOhio Supreme Court · 1988
  3. William G. Banchy, Douglas B. Robinson, Donna Carnevale, and Marilyn Schutte v. The Republican Party of Hamilton County and John H. HermaniesCourt of Appeals for the Sixth Circuit · 1990
  4. Ohio Hospital Ass'n v. Community Mutual InsuranceOhio Supreme Court · 1987
  5. State ex rel. Salim v. Ayed (Slip Opinion)Ohio Supreme Court · 2014

19 more not listed; retrieve them via the Exa API.

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