State ex rel. Keyser v. Babst

Citations

• 101 Ohio St. (N.S.) 275

Syllabus

<p>Office and officer• — Title by certificate of election — Possession during contest proceedings- — -Election and term of mayor — Section 4255, General Code — Pleading — Mayor defeated for re-election — Quo warranto or mandamus.</p> <p>1. A valid certificate of election, issued to a candidate after canvass of the returns by legally constituted authorities, gives such candidate a colorable and prima facie title to the office.</p> <p>2. Where .proceedings to contest such office have been instituted, such certificate entitles the candidate receiving it to the possession of the office until the de jure title thereto' has been finally determined in suoh contest proceedings.</p> <p>3. An incumbent mayor, claiming the right of possession until his successor has 'been elected and qualified (Section 4255, 'General Code), has neither title nor right to possession -which justifies him in withholding possession from the candidate holding such certificate.</p> <p>4. An answer by an incumbent official, who was also a candidate for re-election, that he has filed contest proceedings against an opponent holding such certificate, does not present a defense in an action brought by the latter for possession of the office.</p>