Palmer v. Zeigler

Citations

• 76 Ohio St. (N.S.) 210

Syllabus

<p>Superintendent of county infirmary — Not a public officer — May be removed without cause, when — May enjoin adverse claimant — ■ Section 6760, Revised Statutes.</p> <p>1. The superintendent of a county infirmary is not the holder of a public office within the meaning of Section 6760, Revised Statutes, and quo warranto is not the proper remedy to oust him from office.</p> <p>2. When the term for which su'ch superintendent was appointed has expired, no order of the board of directors for his removal is necessary, and therefore no cause need be assigned by said board for the termination of his term.</p> <p>3. One who has been duly appointed superintendent of a county infirmary, has qualified according to law, and has been put in possession of the infirmary by the board of directors at the beginning of his term, may maintain injunction to protect himself in the possession of the office against an adverse claimant whose term has expired, but who threatens and attempts to interfere with and obstruct such superintendent in the discharge of his duties.</p>