State ex rel. Federal Homes Properties, Inc. v. Singer

As a preliminary observation, it "is at least doubtful whether the conditional writ as issued by the Court of Appeals is authorized or valid. The function of mandamus is to compel the performance of a present existing duty as to which there is a default. It is not granted to take effect prospectively, and it contemplates the performance of an act which is incumbent on the respondent when the application for a writ is made. 34 American Jurisprudence 868, Section 79; 35 Ohio Jurisprudence 2d 266, Section 21; State, ex rel. Stanley, v. Cook, Supt. of Banks, 146 Ohio St. 348, paragraph ten of the…