STATE, EX REL. ROTHBACHER v. HERBERT

No. 38511.

176 Ohio St. 167 (1964)

THE STATE, EX REL. ROTHBACHER, v. HERBERT, TREASURER OF STATE.

Supreme Court of Ohio.

Decided April 29, 1964.


Attorney(s) appearing for the Case

Mr. John R. Vintilla, for relatrix.

Mr. William B. Saxbe, attorney general, and Miss Joanne Wharton, for respondent.


Per Curiam.

In this, as in every mandamus action, the fundamental question which must be resolved is whether a clear legal duty rests upon respondent to perform the act demanded.

Where unclaimed deposits of a liquidated building and loan company have been transferred, due to the lapse of time and pursuant to statute, from the treasurer's special trust fund for such deposits into the General Revenue Fund, does any duty exist upon the treasurer which...

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