State ex rel. Grosser v. Boy

R. C. 2731.11 provides, in part, as follows:

“If judgment in a proceeding for a writ of mandamus is rendered for the plaintiff, the relator may' recover the *185damages which he has sustained, to be ascertained by the ■court or a jury # * * .as in a civil action, and costs. * * * ”

Appellants recognize the general rule in Ohio that “in the absence of a statutory provision making attorney fees a part of costs, such fees cannot be so taxed” (State, ex rel. Michaels, v. Morse [1956], 165 Ohio St. 599, 607), and it is evident that R. C. 2731.11 does not expressly provide for the recovery of attorney'…