STATE EX REL. BLEVINS v. MOWREY

No. 88-1860.

45 Ohio St. 3d 20 (1989)

THE STATE, EX REL. BLEVINS, v. MOWREY ET AL.

Supreme Court of Ohio.

Decided August 23, 1989.


Attorney(s) appearing for the Case

Southeastern Ohio Legal Services and Linda C. Kowieski, for relator.

Richard G. Ward, prosecuting attorney, for respondents.


DOUGLAS, J.

The issue before us is whether a writ of mandamus should issue compelling the respondents to effect service of process by publication in relator's divorce action without prepayment of the costs of publication.

Mandamus is an extraordinary writ that must be granted with care. In order for such a writ to issue, the relator must prove that "* * * (1) he has a clear legal right to the relief prayed for, (2) respondent is under a clear legal duty to...

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