State, Ex Rel. Cash v. Rose

The question involved in this case is whether a writ of mandamus may issue against the respondent as judge of the Common Pleas Court of Franklin county, Division of Domestic Relations, to require him to dismiss a divorce action pending in his court, a dismissal having been requested by both plaintiff and defendant Cash in that action, and his refusal to act being based upon the fact that defendant Cash has not complied with an order of the court to pay the fees of plaintiff’s attorneys. The answer depends on whether such an order would interfere with judicial discretion upon the part of the…