MALONEY v. ALLEN COUNTY

No. 37028.

173 Ohio St. 226 (1962)

MALONEY, APPELLANT, v. COURT OF COMMON PLEAS OF ALLEN COUNTY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 21, 1962.


Attorney(s) appearing for the Case

Mr. Rolland Maloney, in propria persona.

Mr. Robert L. Balyeat, prosecuting attorney, for appellees.


Per Curiam.

This action in mandamus was not instituted in conformity with the provision of Section 2731.04, Revised Code, that "application for the writ of mandamus must be by petition, in the name of the state on the relation of the person applying." Gannon v. Gallagher, Dir., 145 Ohio St. 170.

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

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