176 Ohio St. (n.s.) 53

The State, ex rel. Waterman, v. Franklin County Board of Elections et al.

(No. 38708

Decided March 23, 1964.)

Mr. Joseph Waterman, in propria persona.

Mr. Earl W. Allison, Jr., prosecuting attorney, for respondent Franklin County Board of Elections and others.

Mr. William B. Saxbe, attorney general, and Mrs. Joanne Wharton, for respondent Ted W. Brown, secretary of state.

Per Curiam.

It appears that the address given by Foley is that of his divorced wife; and that, at the time the divorce was granted to his wife, about a year ago, he was enjoined from going into or near the home of his wife and from all visitation with his children. There is no evidence that he has established a voting residence elsewhere in the precinct.

The candidate, having been divorced from his wife and having been enjoined from going into or near the residence of his former wife, cannot properly say that he resides there-.

*54The writ of prohibition is allowed on authority of State, ex rel. Higgins, v. Brown, Secy. of State, 170 Ohio St., 511.

Writ allowed.

Tart, C. J., Zimmerman, Younger, O’Neill, G-rieeith, Herbert and Gibson, JJ., concur.

Younger, J., of the Third Appellate District, sitting by designation in the place and stead of Matthias, J.

State ex rel. Waterman v. Franklin County Board of Elections
176 Ohio St. (n.s.) 53

Case Details

Name
State ex rel. Waterman v. Franklin County Board of Elections
Decision Date
Mar 23, 1964
Citations

176 Ohio St. (n.s.) 53

Jurisdiction
Ohio

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