State ex rel. O.M. Scott & Sons Co. v. Industrial Commission

The threshold issue which must be addressed in this cause is whether relator has established the prerequisites essential to the issuance of a writ of mandamus. For the following reasons, we hold that relator has not sustained the burden imposed in mandamus actions, and that the writ must therefore be denied.

It has long been settled that in order for a relator to establish entitlement to the issuance of a writ of mandamus, he must demonstrate: (1) that he has a clear legal right to the relief prayed for; (2) that the respondent is under a clear legal duty to perform the requested act; and (3)…