STATE, EX REL. TEMKE, v. OUTCALT

No. 76-655.

49 Ohio St. 2d 189 (1977)

THE STATE, EX REL. TEMKE, APPELLEE, v. OUTCALT, JUDGE, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided February 23, 1977.


Attorney(s) appearing for the Case

Messrs. Jacobs, Kleinman, Martin & Seibel and Mr. Kenneth F. Seibel, for appellee.

Mr. Thomas A. Luebbers, city solicitor, Mr. Paul J. Gorman and Ms. Delores J. Hildebrandt, for appellants.


Per Curiam.

Ninety-four years ago, this court enunciated a well-settled rule that in a mandamus proceeding to compel an officer to perform an act which it is claimed the law enjoins upon him as a duty, all the facts necessary to put him in default must be demonstrated. State v. Cappeller (1883), 39 Ohio St. 455, 460 (quoting Cincinnati College v. La Rue [1872], 22 Ohio St. 469). The court has reaffirmed this principle over the years...

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