STATE EX REL. BALLARD v. O'DONNELL

No. 89-575.

50 Ohio St. 3d 182 (1990)

THE STATE, EX REL. BALLARD, APPELLANT, v. O'DONNELL, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided April 18, 1990.


Attorney(s) appearing for the Case

Goodman, Weiss, Freedman and Thomas J. Hildebrandt, for appellant.

John T. Corrigan, prosecuting attorney, and Michael Pokorny, for appellee.


MOYER, C.J.

The question presented for our consideration is whether a writ of mandamus may issue compelling a judge to vacate a judgment and prejudicial findings made against a person who did not appear and was not a party in the proceedings in which the judgment and prejudicial findings were made.

In order to be entitled to a writ of mandamus, relator must show (1) that he has a clear legal right to the relief prayed for, (2) that respondent is under a clear...

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