By the Court.
¶1
The petition contains no allegations of fact indicating that relator has been prejudiced by the acts complained of; that any electors have been deprived of the right to remonstrate; that offices of members of the board of education of the consolidated school district were unlawfully created; and that there was a usurpation of such offices. Therefore, the demurrer is sustained and, relator not desiring to plead further, a writ of ouster and induction denied.
¶2
Judgment for respondents.
Weygandt, C. J., Matthias, Hart, Zimmerman, Taft and Faught, JJ., concur.
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Case posture Posture IN QUO WARRANTO.
This action in quo warranto was instituted in this court.
Relator alleges that the Board of Education of Lawrence County, on November 26, 1949, adopted a motion consolidating certain local school districts into a new district and abolishing the boards of education in such local districts, instructed the clerk to prepare resolutions to conform to the motion and recessed to meet on November 29; that on November 29 the resolution to consolidate the districts was adopted; that the newspaper publication of the notice of such resolution gave the date of adoption as November 26; that the notice thus published was false in that it did not give the true date of the adoption of the resolution * * * and was not therefore a compliance with the provisions of Section 4831-16, Ohio General Code; and that the electors were deprived by said false publication of three days time within which to file remonstrances and were thus given only 27 days instead of 30 days to file said remonstrances, as granted them by Section 4831-1 of the Ohio General Code.
Relator alleges further that he was a member of a board of education of one of such local districts; that respondents were appointed as members of the board of education of the proposed new school district created by such consolidation; and that respondents have usurped and intruded into the office and authority of
relator and assumed to perform all the duties pertaining to such local district.
The prayer of the petition is that respondents be excluded from the further performance of any duties as members of a pretended board of education, and that relator be given possession thereof.
Respondents filed demurrers to the petition on the ground that it does not state facts sufficient to constitute a cause of action. Source: CourtListener
Court Parallel citations 95 N.E.2d 691 43 OhioOp. 167 