State ex rel. Blevins v. Mowrey

The issue before us is whether a writ of mandamus should issue compelling the respondents to effect service of process by publication in relator’s divorce action without prepayment of the costs of publication.

Mandamus is an extraordinary writ that must be granted with care. In order for such a writ to issue, the relator must prove that “* * * (1) he has a clear legal right to the relief prayed for, (2) respondent is under a clear legal duty to perform the requested act, and (3) relator has no plain and adequate remedy in the ordinary course of the law.” State, ex rel. Liberty Mills, Inc., v.…