State ex rel. Bles v. Merrick

Omitting some preliminary incidents, the facts are that on September 21, 1963, relator, appellant herein, appeared in the Probate Court of Cuyahoga County for the purpose of filing an affidavit under Section 5122.11, Revised Code, to initiate proceedings for the hospitalization of her husband because of mental incompetency. A divorce proceeding was then pending between relator and her husband. A deputy clerk refused to accept and file the affidavit, whereupon relator instituted this mandamus action to compel the acceptance and filing of the affidavit with immediate proceedings thereon.

Relator’…