State ex rel. Findlay Publishing Co. v. Hancock County Board of Commissioners

S.Ct.Prac.R. X(5) provides that in original actions other than habeas corpus filed in this court, “[a]fter the time for filing an answer to the complaint or a motion to dismiss, the Supreme Court will either dismiss the case or issue an alternative or a peremptory writ, if a writ has not already been *136issued.” The board filed an answer and a Civ.R. 12(C) motion for judgment on the pleadings, which is permitted by S.CtPrac.R. X(5).

In order to be entitled to dismissal under Civ.R. 12(C), it must appear beyond doubt that relator can prove no set of facts warranting the requested relief, after…