STATE EX REL. MORGAN v. BOARD OF TRUSTEES

No. 31727.

152 Ohio St. 195 (1949)

THE STATE, EX REL. MORGAN, v. BOARD OF TRUSTEES OF AND THE OHIO STATE ARCHAEOLOGICAL & HISTORICAL SOCIETY.

Supreme Court of Ohio.

Decided October 26, 1949.


Attorney(s) appearing for the Case

Mr. Frank C. Shearer, for relator.

Mr. Herbert S. Duffy, attorney general, and Mr. Joseph P. Kinneary, for respondents.


BY THE COURT. Counsel for relator contends that the relator is an employee with a contractual relationship existing between him and the respondents acting as an agency of the state, the duties of which agency are prescribed by statute, and that the performance of those duties may be compelled by mandamus.

Certain sections of the General Code are pleaded in the petition as designating the respondent society as an agency of the state. Those sections relate only either...

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