STATE EX REL. v. BOARD, 174 Ohio St. 12 (1962)

185 N.E.2d 433

THE STATE EX REL., PATRICK, APPELLEE v. BOARD OF ELECTIONS OF CUYAHOGA COUNTY, APPELLANT.

No. 37584Supreme Court of Ohio.
Decided October 10, 1962.

Appeal — Dismissal — Moot question — Elections — Protest against candidacy.

APPEAL from the Court of Appeals for Cuyahoga County.

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The relator, C.K. Patrick, filed a protest with the respondent Board of Elections of Cuyahoga County against the candidacy of one Robert Lang for precinct committeeman in the city of South Euclid, at the primary election on May 8, 1962. The respondent dismissed the protest because relator was not a resident of the precinct in which Lang resided.

Thereafter, relator instituted in the Court of Appeals the instant action in mandamus, praying for an order directing the respondent to reinstate the protest of relator, to conduct a hearing in regard to such protest, and to allow relator time to subpoena witnesses and appear at the hearing.

The Court of Appeals, on May 3, allowed the writ. Notice of appeal to this court was filed on May 3, and a praecipe was filed on May 9.

Mr. Joseph Patchan, for appellee.

Mr. John T. Corrigan, prosecuting attorney, and Mr. Frederick W. Frey, for appellant.

Per Curiam.

Since the election has been held, the case has become moot. Therefore, the appeal is dismissed. State, ex rel. Keller, v Loney et al., Board of Elections, 169 Ohio St. 394.

Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, MATTHIAS, BRYANT and O’NEILL, JJ., concur.

GRIFFITH, J., not participating.

BRYANT, J., of the Tenth Appellate District, sitting by designation in the place and stead of HERBERT, J.

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