State Ex Rel. Smith v. Hummel

The first question presented is whether a writ of prohibition is the proper remedy. In the case of State, ex rel. Stanley, v. Bernon et al., Bd. of Elections of Cuyahoga County, 127 Ohio St., 204, 187 N. E., 733, it was held that such a writ will lie to prevent a board of elections from placing on a ballot the names of the candidates whose nominating petitions have not been filed within the time prescribed by statute. In the instant case the writ is sought to prevent placing the names of candidates for nomination for sheriff of Summit county for the unexpired term on the primary ballot, upon…