State ex rel. Heer v. Butterfield

Citations

• 92 Ohio St. (N.S.) 428

Syllabus

<p>Quo warranto — Title to public office — Facts necessary to maintain action — Section 12307, General Code — Municipal corporations —Charters—Action to annul — Who may bring same.</p> <p>1. In order that a private relator may be entitled to maintain an action in quo warranto under Section 12307, General Code, to recover a public office, he must show not only that he is entitled to the office, but also that it is unlawfully held and exercised by the defendant in the action.</p> <p>2. An action to annul the charter of a municipality on the ground that it was illegally adopted or that it violates the constitution must be brought in the name of the state by an officer duly authorized in that behalf.</p>