State Ex Rel. Van Schaick v. Bowen

Day, J,

Is relator entitled to a writ of mandamus ? Respondent contends that relator is not entitled to the writ prayed for, first, because relator has another adequate remedy, and second, because relator is not entitled to the return of the deposit. We shall consider the second contention first.

On March 22, 1923, the General Assembly of Ohio enacted Section 9510-7, General Code, which provides that:

“An insurance company which is required by the provisions of paragraph two of section 9510, General Code, to deposit fifty thousand dollars of bonds with the superintendent of insurance may, in…