O’DWYER v. STATE, EX REL., 112 Ohio St. 723 (1925)

149 N.E. 137

O’DWYER ET AL., DEPUTY STATE SUPERVISORS AND INSPECTORS OF ELECTIONS, ET AL. v. THE STATE, EX REL. DEAN. O’DWYER ET AL., DEPUTY STATE SUPERVISORS AND INSPECTORS OF ELECTIONS, ET AL. v. THE STATE, EX REL. KELLER. O’DWYER ET AL., DEPUTY STATE SUPERVISORS AND INSPECTORS OF ELECTIONS, ET AL. v. THE STATE, EX REL. ROTH. O’DWYER ET AL., DEPUTY STATE SUPERVISORS AND INSPECTORS OF ELECTIONS, ET AL. v. THE STATE, EX REL. NOWAK. THE STATE, EX REL. LILES v. O’DWYER ET AL., DEPUTY STATE SUPERVISORS AND INSPECTORS OF ELECTIONS ET AL.

Nos. 18720 to 18723, and 18728Supreme Court of Ohio.
Decided February 3, 1925.

Court — Moot questions — Elections — Qualifications as candidates upon primary ballot.

ERROR to the Court of Appeals of Lucas county.

Messrs. Hackett Lynch; Mr. Scott Stahl and Mr. Harry Commager, for plaintiffs in error in Nos. 18720, 18721, 8722, 18723, and for defendants in error in No. 18728.

Mr. Alonzo G. Duer, for plaintiff in error in No. 18728.

Mr. S.S. Burtsfield, for defendant in error in No. 18720.

Page 724

Messrs. Miller Brady, for defendant in error in No. 18721.

Mr. H. Joe Cannon, for defendant in error in No. 18722.

Mr. John E. Connell, for defendant in error in No. 18723.

It appearing to the court that heretofore on the _____ day of September, 1924, an order was made by the concurrence of Judges Robinson, Matthias, Day and Conn dismissing said error proceedings upon the authority of Miner v. Witt, 82 Ohio St. 237, from which order and judgment of dismissal Marshall, Chief Justice, and Jones and Allen, Justices, dissented, and it further appearing that said order was through inadvertence not entered at said time, the court now orders that this order be entered by the clerk of this court upon the journal of this court as of the date September 30, 1924, and of the January, 1924, term of said court.

Dismissed.

ROBINSON, MATTHIAS, DAY and CONN, JJ., concur.

MARSHALL, C.J., JONES and ALLEN, JJ., dissent.

Page 725