State ex rel. Woodbury v. Spitler

It is appellants ’ contention that if no answer or other pleading is made or filed to an alternative writ of mandamus prior to commencement of the hearing on such writ, a peremptory writ of mandamus must be allowed and issued forthwith against the party to whom the alternative writ was issued. Appellants base this contention on the language of E. C. 2731.10, which provides: “If no answer is made to an alternative writ of mandamus, a peremptory mandamus must be allowed against the defendant.”

The crux of this case turns upon the meaning of the word “answer,” as used in E. C. 2731.10, and the…