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STATE, EX REL. HEPPERLA v. GLANDER

No. 33338.

160 Ohio St. 59 (1953)

THE STATE, EX REL. HEPPERLA, APPELLANT, v. GLANDER, TAX COMMR., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 17, 1953.

Attorney(s) appearing for the Case

Messrs. Davis & Young, Mr. Meyer A. Cook, Mr. Isadore Topper and Mr. Leonard Stern, for appellant.

Mr. C. William O'Neill, attorney general, Mr. Everett H. Krueger, Jr., Mr. J. Ralston Werum, Mr. Joseph H. Crowley, director of law, and Mr. Richard O. Horn, for appellees.

Per Curiam.

Mandamus is an extraordinary remedy, and to maintain successfully an action in mandamus it is incumbent on the relator to show that he has no adequate remedy at law and that the person or persons against whom the issuance of the writ is asked have failed to perform a duty specially enjoined on them by law.

This court is of the opinion that the principle announced and applied in the case of

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