State Ex Rel. Finley v. Lodwich

The demurrer to the petition of the relator challenges the right of a prosecuting attorney of a county to bring an action in quo warranto', in this court against an officer of the state who has neither performed, attempted to perform nor threatened nor claimed the right to perform any of his official duties in such county. A single question of law is thus presented.

The provisions of Section 12303, General Code, authorize the maintenance of an action in the name of the state “against a person who usurps, intrudes into, or unlawfully holds or exercises, a public office, civil or military, or a…