STATE, EX REL. RONALD v. CITY OF WILLOUGHBY

No. 35384.

170 Ohio St. 39 (1959)

THE STATE, EX REL. RONALD, INC., v. CITY OF WILLOUGHBY ET AL.

Supreme Court of Ohio.

Decided November 4, 1959.


Attorney(s) appearing for the Case

Mr. Wayne E. Davis, for relator.

Mr. John M. Parks, for respondents.


Per Curiam.

The first question presented is procedural.

It is the contention of the respondents that the extraordinary remedy of a writ of mandamus is not available in this controversy. They rely on the following statutes:

Section 2731.01, Revised Code. "Mandamus is a writ, issued in the name of the state to an inferior tribunal, a corporation, board, or person, commanding the performance of an act which the law specially enjoins as a duty resulting...

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