188 N.E. 6

THE STATE, EX REL. SPARKS v. WAGNER ET AL.

No. 24419Supreme Court of Ohio.
Decided October 6, 1933.

Municipal corporations — Elections — Nominating petitions for mayor of Akron — Ten per cent of electors who voted at last election — Number of signatures determined by votes cast, not individual electors voting — Registered elector, qualified to sign petition, although registration not transferred — Election question justiciable, when.

ERROR to the Court of Appeals of Summit county.

Messrs. Rockwell, Grant, Thomas Buckingham, Messrs. Smoyer, Kennedy, Smoyer Vogel, and Mr. George W. Rogers, for plaintiff in error.

Mr. Ray. Watters, prosecuting attorney, and Mr. Clyde B. Macdonald, for defendants in error.

It is ordered and adjudged by this court, that the judgment of the said Court of Appeals be, and the same is hereby, affirmed on authority of State, ex rel. Schroy, v. Wagner, ante, 174.

Judgment affirmed.

WEYGANDT, C.J., STEPHENSON and BEVIS, JJ., concur.

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