Summary
In State ex rel. Devine v. Baxter, 168 Ohio St. 559, 156 N.E.2d 746 (1959), the Ohio Supreme Court addressed a quo warranto action for removal of members of the board of trustees of a cemetery association on the grounds they had been elected illegally.
Summary of this case from Slodov v. Eagle Ridge Subdivision Prop. Owner's Ass'nOpinion
No. 35702
Decided March 4, 1959.
Appeal — Dismissal — Moot question — Board of trustees of cemetery association — Legality of election — Quo warranto.
APPEAL from the Court of Appeals for Franklin County.
ON MOTION to dismiss.
By this action in quo warranto, originating in the Court of Appeals, relator seeks the removal of the members of the Board of Trustees of the Eastlawn Cemetery Association on the ground that they were illegally elected at a meeting held July 29, 1957.
The Court of Appeals denied the writ.
The cause is in this court on an appeal as of right. The respondents have moved the court to dismiss the appeal "for the reason that the issues and questions therein presented have become moot since the date said appeal was perfected and lodged in this court."
Mr. Hylas A. Hilliard, for appellant.
Messrs. Earhart, Robertson Savage, for appellees.
It appearing that the one-year terms to which the respondents were elected to the board of trustees of the association on July 29, 1957, have expired, and that those of the respondents who continue to hold office as such trustees do so by authority of their re-election at the regular annual membership meeting of the association duly held on July 29, 1958, the questions presented by this appeal have become moot. The motion to dismiss the appeal is, therefore, sustained, and the appeal is dismissed on authority of Miner v. Witt, City Clerk, 82 Ohio St. 237, 92 N.E. 21.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, TAFT, MATTHIAS, BELL and HERBERT, JJ., concur.