STATE EX REL. TICKNOR v. RANDALL

No. 31720.

152 Ohio St. 129 (1949)

THE STATE, EX REL. TICKNOR ET AL., v. RANDALL, JUDGE.

Supreme Court of Ohio.

Decided July 13, 1949.


Attorney(s) appearing for the Case

Mr. Francis M. Thompson, for relators.

Messrs. Baker & Baker and Messrs. Wilkins & Lloyd, for respondent.


BY THE COURT. Section 12285, General Code, reads:

"The writ [of mandamus] may require an inferior tribunal to exercise its judgment, or proceed to the discharge of any of its functions, but it cannot control judicial discretion."

The Court of Common Pleas exercised its judgment, first, in overruling the motion to set the will contest for hearing only upon the issue of the interest of the contestant, and, second, in overruling the contestant's motion to dismiss...

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