State ex rel. Turner v. Fender
Ohio Supreme Court
State ex rel. Turner v. Fender, 1 Ohio Law. Abs. 40 (Ohio 1922)
Clark, Consideration, Hough, Jones, Marshall, Matthias, Robinson, Took, Wanamaker
State ex rel. Turner v. Fender
Opinion of the Court
1. The Supreme Court of Ohio is given original jurisdiction in qua warranto in favor of any and all citizens of Ohio, who, as a matter of right and without leave granted, may file a petition in such action.
2. The statute construed in State, ex rel. Lowes v. Thompson, 34 Ohio St., 365, requiring that βthe action (in quo warranto) must be brought in the county in which the defendant resides or may be summoned, in accordance with section 10, chapter 5, title 1, of the act,β so far as it relates to the Supreme Court, is repealed by the new Constitution of 1912, particularly judicial Section 2, Article IV, thereof, conferring original jurisdiction.
Judgment for relators.
Reference
- Full Case Name
- The State, ex. rel. S. A. Turner, F. D. Redkey and John E. Burns v. A. J. Fender, L. L. Faris and Hough Morrow
- Status
- Published