Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1878-01-17
THE RECOBDsHiP CONTEST.

After we went TO press 'st week
order was issued by Pro-
oAte Judge Carroll against Recorder
Wright, and the case set fer hearing
befJre Judge Okey on Saturday, to
deteru inc the question whether the
appel from the finding of the Justi, es.
.Dd Clerk, vacated their action ana
left b ,rnes as Recorder holding
over. Judge Okey did not arrive
until Monday evening, consequently
h. .aring of the case was not reached
until Tuesday. M-ssrs. Hogs and
X lily were heard upon the part of Mi.
B,rn's., and Messra. SYaney a,.u
rallmea in behalf of Mr.. Wright.
fnt Cpart took the c'se under ddvlse-
Iteat and ys'sitr(iay n0rn.rg deliver
eian opinhm which places Wright in
o ,sses sion Of the Office until the fia:.l
l.'termi nation of th- enntest. Below
| the opinion Of The Court.
TINS case was heard in argument on the
part Of tue plaintiff " MAKE tine restraining
order granted by the Probate JUICE binding
until the hearing of the case on the contest
ending i. this court. GU the part oi the
;fendant il is sought to have the resi- raining
q,r,ier dissolved It IS shown by the papers
/ i,st plaihuff was elected County Recurder
for Belmont copaty ip 1874; thai he was
candidate for re election In 1877; thai the de
fendant was also candidate for the SAINT OIL
ice at the election in 1877. 1t also appears
by the papers on file that the defendant WAS
by the Clerks ana Justices who canvas-ed
the returns declared elected, AMI has been
commissioned anu qualified, and demanded
The Office II also appears that the plaintiff
and Clerks, and that such appeal is now pend
ing in this Court.
The contest of election is special statutory
pruceeding-one provided for and regulated
by statute.
The constitution of the State provides for
the enactment OF such law, Article 2, Sec
ton 81, and such an Act has been passed aud
amended from time to time, and the prOvis-
IONS of the several acts have been before our
supreme Court and construed in number OF
cases in Vols. IA, IL, 16, II and 10 Ohio
State reports, and probably in as many more
of the Ohio and Ohio State reports.
One of these parties were eiectsd Recorder
of the county, or there was tie between
them that will be admitted by both plaintiff
aud defendant.
The right to hold oyer can only be exercised
when there is a failure to elect and qualify.
According to the returns of the clerk and
justices, Wright WAS elected Recorder. 1t is
claimed by the plaintiff that the appeal va
Gated the office on the part of Wright; that
the appeal having been taken before the first
Monday Of January, that Wright never was
entitled to the office or enter upon its duties.
Authorities have been cited showing that an
appeal vacates judgment. appealed from,
there is no doubt of that, but does it vacate
IN election, being special statutory proceed
ing?
1t is important to the people of the county
that they should know who their Recorder is;
should know to whom to deliver their deed,
aud mortgages, and who is entitled to max.
the proper endorsements on them for thei
mortgage liens depends on it, and the title /,
their lands might depend on it. | have ex
anlined the authorities cited; have also ex
amined some authorities not cited by counsel
J To my mind the case Of the State on relation
II Grissell W. NARROW, 10 q. 3. IL, substan-
TALLY settles the question.
In this case it is held that specific mode O
contesting elections having been provided b.
statute - that mode alone can be resorted TO.
have not been able TO fnda single case Il
which the remedy by Injunction was resorte
, 20. IL defendant had resorted to the remed
.. by quo acarrdato it is probable the Suprem
Court would have entertained the case an
, acted on the commission, but would enqur
no further than the commissions; they wuul
!. not canvass the vote.
, II the District and Supreme Courts have n
/ lpower by quo iodrrdato in such case, wher
the party had tailed to perfect his appeal,
! do not think this court has power TO interfeI