STATE EX REL. AUTO LOAN CO. v. JENNINGS

No. 41289.

14 Ohio St. 2d 152 (1968)

THE STATE, EX REL. AUTO LOAN CO., INC., APPELLANT, v. JENNINGS, CLERK OF CINCINNATI MUNICIPAL COURT, APPELLEE.

Supreme Court of Ohio.

Decided May 8, 1968.


Attorney(s) appearing for the Case

Mr. Lee B. Kasson, Jr., for appellant.

Mr. William A. McClain, city solicitor, and Mr. Donald E. Hardin, for appellee.


O'NEILL, J.

The question presented to this court for determination may be stated thus: Is the appellee under a clear legal duty to perform the official act demanded?

In support of the proposition that a clear legal duty exists, appellant argues (1) that the May 23, 1967, order of the Municipal Court vested it with title to the fund, thereby shielding the fund from recovery by the trustee, and (2) that the trustee's appearance in the Municipal Court precludes...

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