State Ex Rel. Weaver v. Board of Trustees of Ohio State University

By the Court.

The relator asks for a writ of mandamus in this court under the provision of Section 12283, General Code, which authorizes a writ to issue “commanding the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station.” In order to obtain the relief sought the relator must disclose a case wherein no discretion is imposed upon the respondents in the performance of that duty; if discretion is imposed, we have frequently held that such discretion cannot be controlled by a writ of mandamus; and it has also been held by this court that,…