State Ex Rel. Kurtz v. Bliss

No evidence was ottered in support of any of the allegations contained in the pleadings, nor have the parties filed an agreed statement of facts. Therefore, the cause will be disposed of as though on motion for judgment on the pleadings.

At the outset it may be well to restate the principle that a writ of mandamus is not a writ of right, but that the granting of such writ is a matter which rests in the sound discretion of the court.

In the case of State, ex rel. Apple, v. Pence et al., Board of Education of Shelby County School Dist., 137 Ohio St., 569, 31 N. E. (2d), 841, it was held:

■ “In…