Legal Opinion

State ex rel. Davis v. Hildebrant

Ohio Supreme Court

Decided April 18, 1916No. 15160PublishedCited by 20 opinions

In Mandamus. This action was brought by the relator, David Davis, as a citizen of the United States and an elector of this state, and who is a resident and elector in Hamilton county, Ohio, seeking to invoke the original jurisdiction of this court in mandamus.

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In Mandamus. This action was brought by the relator, David Davis, as a citizen of the United States and an elector of this state, and who is a resident and elector in Hamilton county, Ohio, seeking to invoke the original jurisdiction of this court in mandamus. The salient and pertinent facts set forth in the petition are as follows: On May 27, 1915, the general assembly of the state passed an act, which was approved by the governor and filed in the office of the'secretary of state on June 4, 1915, redistricting and apportioning the state into twenty-two congressional districts, of which…

1Opinion of the CourtJones, J.

The question to be decided is succinctly stated in the brief of relator’s counsel as follows:

*158“Whether or not the apportioning and redistricting act of May 27, 1915, was annulled by petition and referendum vote held under the constitution of Ohio.”

For the proper determination of this question it is necessary to refer, for the purpose of construction, to the following provisions of the state and federal constitutions, and to the laws passed pursuant thereto, so far as they may be germane to the proposition involved.

Section 4 of Article I of the Constitution of the United States provides as…

2Cases cited8 opinions

  1. Ex Parte SieboldSupreme Court of the United States · 1880
  2. McPherson v. BlackerSupreme Court of the United States · 1892
  3. State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
  4. People ex rel. Woodyatt v. ThompsonIllinois Supreme Court · 1895
  5. Denney v. State ex rel. BaslerIndiana Supreme Court · 1896

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3Cited by20 opinions

  1. State ex rel. Ohio Academy of Trial Lawyers v. ShewardOhio Supreme Court · 1999
  2. TWISM Ents., L.L.C. v. State Bd. of Registration for Professional Engineers & SurveyorsOhio Supreme Court · 2022
  3. Michigan Farm Bureau v. Secretary of StateMichigan Supreme Court · 1967
  4. State ex rel. Mullen v. HowellWashington Supreme Court · 1919
  5. Moore v. HarperSupreme Court of the United States · 2023

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