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STATE, AS EX REL. GROSSER, v. BOY

No. 75-1019.

46 Ohio St. 2d 184 (1976)

THE STATE, EX REL. GROSSER ET AL., APPELLANTS, v. BOY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 12, 1976.

Attorney(s) appearing for the Case

Messrs. Cain & Lobo and Mr. Arthur L. Cain, for appellants.

Messrs. Squire, Sanders & Dempsey and Mr. Eben G. Crawford, for appellees.

Per Curiam.

R. C. 2731.11 provides, in part, as follows:

"If judgment in a proceeding for a writ of mandamus is rendered for the plaintiff, the relator may recover the damages which he has sustained, to be ascertained by the court or a jury * * * as in a civil action, and costs. * * *"

Appellants recognize the general rule in Ohio that "in the absence of a statutory provision making attorney fees...

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