Ohio Supreme Court, 1954

State ex rel. Patton v. Bazzell

State ex rel. Patton v. Bazzell
Ohio Supreme Court · Decided April 23, 1954 · Hart, Lamneck, Middleton, Stewart, Taet, Weygandt, Zimmerman
161 Ohio St. (N.S.) 344

State ex rel. Patton v. Bazzell

Concurring Opinion

Taet, J.,

concurring. In my opinion, the decision in this case cannot be reconciled with the decision and the reasons given therefor in State, ex rel. Kroeger, v. Leonard et al., Board of Elections of Summit County, 151 Ohio St., 197, 84 N. E. (2d), 910. However, in view of the reasons which Judge Stewart and I gave in expressing our dissent from the judgment rendered in that case, I have no difficulty in concurring in the judgment being rendered in the instant case. See also State, ex rel. Halpin, v. Hamilton County Board of Elections, ante, 281.

Opinion of the Court

Per Curiam.

This court is of the opinion that the board of elections in declaring the petition valid did not abuse its discretion. Accordingly, the Court of *346Appeals was not in error in sustaining the demurrer to the amended petition, and its judgment is affirmed.

Judgment affirmed.

Weygandt, C. J., Middleton, Taet, Hart, Zimmerman, Stewart and Lamneck, JJ., concur.

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