Legal Opinion

State Ex Rel. Mann v. Floyd

Ohio Supreme Court

Decided May 14, 1941No. 28548Published

1Opinion of the Court

By the Court.

Section 11347, General Code, relating to rule days, reads: “Upon such terms as are just, the court * * *, for good cause shown, may extend the time for filing any pleading. ’ ’

The writ of mandamus “may require an inferior tribunal to exercise its judgment, or proceed to the discharge of any of its functions, but it cannot control judicial discretion.” (Italics ours.) Section 12285, General Code. See, also, State, ex rel. Frye, Exr., v. MacConkey, Judge, 136 Ohio St., 462, 26 N. E. (2d), 457; State, ex rel. White, v. Jewell, Judge, 132 Ohio St., 300, 7 N. E. (2d), 410.

Although…

2Cases cited2 opinions

  1. State Ex Rel. Frye v. MacConkeyOhio Supreme Court · 1940
  2. State Ex Rel. White v. JewellOhio Supreme Court · 1937

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