STATE EX REL. WOODBURY v. SPITLER

No. 72-808.

34 Ohio St. 2d 134 (1973)

THE STATE, EX REL. WOODBURY ET AL., APPELLANTS, v. SPITLER, PROSECUTING ATTORNEY, APPELLEE.

Supreme Court of Ohio.

Decided May 23, 1973.


Attorney(s) appearing for the Case

Messrs. Hanna & Hanna and Mr. M. Shad Hanna, for appellants.

Mr. Daniel T. Spitler, prosecuting attorney, and Mr. Peter Gwyn, for appellee.


STERN, J.

It is appellants' contention that if no answer or other pleading is made or filed to an alternative writ of mandamus prior to commencement of the hearing on such writ, a peremptory writ of mandamus must be allowed and issued forthwith against the party to whom the alternative writ was issued. Appellants base this contention on the language of R. C. 2731.10, which provides: "If no answer is made to an alternative writ of mandamus, a peremptory mandamus must...

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