State Ex Rel. McCamey v. Court of Common Pleas

The sole question for determination is, did the Court of Appeals err in its conclusions and judgment?

Although the relatrix prays for a writ of mandamus and a writ of prohibition, this case must stand or fall upon her right to the issuance of a writ of mandamus for the reason that if the Common Pleas Court is commanded to restore the cause pending therein to the law side of the court no authority exists for the appointment of a referee. The statute grants authority to appoint a referee only in cases in which the parties are not entitled to a trial by jury. (Section 11476, General Code.)

Mandamus…