STATE, EX REL. HAUCK v. BACHRACH

No. 35673.

168 Ohio St. 268 (1958)

THE STATE, EX REL. HAUCK, APPELLANT, v. BACHRACH ET AL., COUNCIL OF CITY OF CINCINNATI, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 5, 1958.


Attorney(s) appearing for the Case

Mr. Murray Seasongood, Mr. Reuven J. Katz and Mr. Arnold Morelli, for appellant.

Mr. James W. Farrell, Jr., city solicitor, for appellees.


Per Curiam.

The relator in a mandamus proceeding has the burden of showing a clear legal right to the relief sought. This the relator in the instant case has failed to do.

An examination of the record discloses a failure of proof that any respondent herein or any other officer or employee of the city has at any time refused to comply with any order of the park board relative to its automotive or other equipment, has questioned the board's jurisdiction...

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