STATE EX REL. BOARD OF EDUCATION OF MIAMI TRACE LOCAL SCHOOL DISTRICT v. THOMPSON

No. 35560.

168 Ohio St. 93 (1958)

THE STATE, EX REL. BOARD OF EDUCATION OF MIAMI TRACE LOCAL SCHOOL DISTRICT, FAYETTE COUNTY, v. THOMPSON, CLERK, ET AL.

Supreme Court of Ohio.

Decided June 11, 1958.


Attorney(s) appearing for the Case

Miss Grace Fern Heck, Mr. Henry J. Crawford and Mr. Richard C. Addison, for relator.

Mr. Richard P. Rankin, for respondent Senath Thompson, clerk.

Messrs. Griffith & Griffith and Messrs. Brownfield & Malone, for intervening respondents, Charles A. Fabb and others.


Per Curiam.

The respondent Thompson, elected by the relator as its clerk pursuant to Section 3313.22, Revised Code, refuses to perform a ministerial duty as such clerk, which the relator has ordered her to perform, because she is "doubtful" as to her duties. The relator has an adequate remedy by way of self-help, since the clerk serves at the pleasure of the relator and may be removed summarily at any time at its will (Schrock v. Board of Education...

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