Opinion · Ohio Supreme Court

State ex rel. Vogt v. Donahey

State ex rel. Vogt v. Donahey, 1 Ohio Law. Abs. 844 (Ohio 1923)

Type: Opinion
Court: Ohio Supreme Court
Jurisdiction: Ohio
Date: 1923-06-28
Topic: general

PER CURIAM: Epitomized Opinion The governor, after hearing had before him, re| moved Vogt from the office of mayor -of M-assilloiT *845for Misconduct, non-feasance and gross neglect of duty in office- Writs of mandamus and quo war-. ranto were asked on relation of Vogt against the governor and K, Vogt’s successor, respectively. In denying the.writs, the Supreme Court held: Attorneys — Joseph McGhee and P. E. Dempsey, Columbus, and Elson Weffer and Milton' Haines, MassijUon, for Vogt; C. C.

Citator

UpLaw has not yet analyzed State ex rel. Vogt v. Donahey. The absence of a flag is not a finding that it is good law.

Cited by: 15 opinions

PER CURIAM:

Epitomized Opinion

The governor, after hearing had before him, re| moved Vogt from the office of mayor -of M-assilloiT *845 for Misconduct, non-feasance and gross neglect of duty in office- Writs of mandamus and quo war-. ranto were asked on relation of Vogt against the governor and K, Vogt’s successor, respectively. In denying the.writs, the Supreme Court held:

Attorneys — Joseph McGhee and P. E. Dempsey, Columbus, and Elson Weffer and Milton' Haines, MassijUon, for Vogt; C. C. Crabbe, Atty. Gen., and Edward E- Corn, Ironton, for Donahey; L- C- Wiggins, Massillon, for Kirchoffer-

Whijle the greater part of the evidence ini the record is hearsay and concerns misconduct in a former term and is therefore incompetent, there is- some evidence tending to prove that because of acts in his then term of office the mayor was guilty as charged. While the court would hesitate to convict on this evidence, its province extends only to the determination of whether there was any such evidence.

Wanamaker, Robinson, Matthias, Day and Allen, JJ-, concur