State Ex Rel. Mettler v. Stratton

The writ of mandamus is not a writ of right, and the issuance of a peremptory writ rests in the sound discretion of the court.

In Bates Pleading, Practice, Parties & Forms (4 Ed.), 1753, Section 1953, it is said: “Relator must show himself legally and equitably entitled to the right [writ], that it is legally demandable from defendant, and that such person has it still in his power to perform; also, relator must affirmatively show the performance of whatever is required of him as a condition precedent.”

In 25 Ohio Jurisprudence, 1021, it is said: “So, it is apparent that mandamus will not be…