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State ex rel. Vogt v. Donahey

STATE ex rel VOGT v. DONAHEY STATE ex rel VOGT v. KIRCHOFFER

State ex rel. Vogt v. Donahey, 140 N.E. 609 (Ohio 1923)
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Court
Ohio Supreme Court · State Highest Courts
Decided
June 28, 1923
Docket
Nos. 17904, 17817
Judges
Allen, Day, Jones, Marshall, Matthias, Robinson, Wanamaker
Citations
140 N.E. 6091 Ohio Law. Abs. 844108 Ohio St. 4401923 Ohio LEXIS 203
Cited by 14

Opinion of the Court — Per Curiam

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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

Concurrence — Marshall

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MARSHALL, C. J.

(concurring in the judgment only), held: The governor’s removal of a mayor from office, after hearing had on the charges, is not to judicial inquiry,

Dissent — Jones

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JONES, J.

(dissenting-, held: The great mass of the testimony concerned the mayor’s acts in a previous term and was incompetent. Without it the governor would not have removed the mayor.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 14 cases

View all citing references →
1924: 11927: 11931: 11932: 11934: 11946: 11951: 11958: 11960: 11962: 11970: 11972: 11988: 11989: 119242026peak 1924 · 1

Relies on it most ⓘ

  1. Ohio Ass'n of Public School Employees v. City of Twinsburg522 N.E.2d 532 (Ohio 1988)
  2. In re Bostwick180 N.E. 713 (Ohio 1932) · Concurrence
  3. City of Rocky River v. State Employment Relations Board539 N.E.2d 103 (Ohio 1989) · Dissent
  4. McMillen v. Diehl, Judge.190 N.E. 567 (Ohio 1934)
  5. Fugate v. Weston157 S.E. 736 (Va. 1931) · Dissent
  6. Christmann v. Coleman157 N.E. 482 (Ohio 1927)

Most recent

  1. City of Rocky River v. State Employment Relations Board539 N.E.2d 103 (Ohio 1989) · Dissent
  2. Ohio Ass'n of Public School Employees v. City of Twinsburg522 N.E.2d 532 (Ohio 1988)
  3. Cincinnati Bar Ass'n v. Heitzler291 N.E.2d 477 (Ohio 1972)
  4. State ex rel. Stokes v. Probate Court258 N.E.2d 594 (Ohio 1970)
  5. State ex rel. Heinig v. City of Milwaukie373 P.2d 680 (Or. 1962)
  6. Walker v. Village of Belpre171 Ohio St. (N.S.) 177 (1960)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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