After the war, Herbert returned to Ohio, where he graduated from Case Western Reserve University School of Law in 1919,[2] and practiced law. He served as State Attorney General from 1939 to 1945. In the Republican landslide year of 1946, Herbert defeated incumbent governor Frank J. Lausche. Lausche defeated Herbert in the latter's bid for re-election two years later. Herbert served as a justice of the Ohio Supreme Court from 1957 until 1963. He suffered a stroke March 21, 1961, and decided not to run for re-election.[2]
Herbert married Jeanette Judson of Cleveland on April 30, 1919, and they had four children. Jeanette died December 30, 1945. Herbert remarried, while Governor, Mildred Helen Stevenson of Indianapolis on January 3, 1948. They had one daughter. Mildred died in 1962. Herbert died October 26, 1974, at age 79, after years of illness.[2]
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