State, Ex Rel., v. Whartenby

Decision Date23 February 1933
Docket Number23793
PartiesThe State, Ex Rel. Vandenbark, v. Whartenby.
CourtOhio Supreme Court

Schools -- Board of education -- Vacancy by member removing from district -- Probate court to fill vacancy -- Sections 4748 and 7610-1, General Code -- Quo warranto.

IN QUO WARRANTO.

Mr. Clarence J. Crossland and Messrs. Pugh & Van Devoort, for relator.

Mr. John C. Bassett, for respondent.

This matter coming on to be heard upon the application of the relator for a writ of ouster, was argued by counsel and submitted to the court; upon consideration whereof, said application is denied, for the reason that under the record the evidence shows that Vandenbark had removed from the district, within the meaning of Section 4748, General Code, and the probate court, by virtue of Section 7610-1, General Code, had lawful right to fill such vacancy, as he did.

Writ denied.

WEYGANDT, C.J., DAY, STEPHENSON, JONES and MATTHIAS, JJ., concur.

ALLEN and KINKADE, JJ., not participating.

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2 cases
  • State, Ex Rel., v. Ring
    • United States
    • Ohio Supreme Court
    • 23 Febrero 1933
    ... ... asked to act in the premises, had a hearing, took testimony ... and found that a vacancy did exist since January 19, 1932, by ... reason of the removal of Vandenbark from said district on ... said date, and the probate court appointed F. C. Whartenby to ... fill such vacancy. Whartenby took the oath of office and ... entered upon the performance of the duties of his office as a ... member of the county board of education of Muskingum county ...          On ... September 6, 1932, the county board of education, as then ... ...
  • State ex rel. Vandenbark v. Whartenby, 23793.
    • United States
    • Ohio Supreme Court
    • 23 Febrero 1933
    ...126 Ohio St. 209185 N.E. 59STATE ex rel. VANDENBARKv.WHARTENBY.No. 23793.Supreme Court of Ohio.Feb. 23, [Ohio St. 209]Clarence J. Crossland and Pugh & Van Dervoort, all of Zanesville, for relator.John C. Bassett, of Zanesville, for respondent.PER CURIAM. This matter, coming on to be heard u......

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