State, Ex Rel. Joecken v. Lynch.
Cases that cite this one
5 later published cases cite this decision.
- State, Ex Rel. Burns v. Ross (Ohio Ct. App. 1957)
- State ex rel. Ethell v. Hendricks (Ohio 1956)
- State, Ex Rel. Bolsinger v. Oridge (Ohio Ct. App. 1938)
- Clark v. Duffy (Ohio Ct. App. 2025)
- State ex rel. Corrigan v. Noble (Ohio 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The court denies the writ for the reason that the ordinance under which relator claims the right to act as fire chief of the village of Fairview, as one ‘ ‘ appointed by the mayor at the first meeting of council in January of the even numbered years,” being January 2, 1928, is in conflict with the general law of the state, Section 4251, General Code, wherein it is provided that an “officer whose appointment is required herein shall be appointed not earlier than the second Monday in January and not later than the first Monday in February.” And it appearing -that the title of the relator to the office of fire chief of the village of Fairview is not superior to that of respondent, and said relator being required to show a clear right to the office he claims before he is entitled to a judgment of ouster against the incumbent, the writ is denied.
Writ denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.