Ohio Court of Appeals, 1931

State ex rel. Snyder v. Leiter

State ex rel. Snyder v. Leiter
Ohio Court of Appeals · Decided May 20, 1931 · Allread, Hornbeck, Kunkle
10 Ohio Law. Abs. 555; 1931 Ohio Misc. LEXIS 1313

State ex rel. Snyder v. Leiter

Opinion of the Court

BY THE COURT.

We are also of opinion that while the relator may be a de facto officer he cannot be considered as a de. jure officer as he has failed to qualify in the manner provided by the Code of Ohio.

Under the authorities cited the relator must show a prima facie right to the office claimed and such right cannot be based on the fact that he is a de facto officer. The petition must therefore be dismissed.

ALLREAD, PJ, HORNBECK and KUNKLE, JJ, concur.

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