State Ex Rel. Shively v. Nicholas

A study of th¿ petition of the relatrix discloses that the respondent’s demurrer clearly must be sustained on each of the grounds set forth.

Section 12285, General Code, defining the function of the extraordinary writ of mandamus, provides:

“The writ may require an inferior tribunal to exercise its judgment, or proceed to the discharge of any of its functions, but it cannot control judicial discre tion.” (Italics supplied.)

This statute merely restates the elementary common-law rule and has been followed repeatedly and consistently by this court.

The relatrix is not asking that the respondent…