State, Ex Rel. Millington v. Weir

Defendant moved to strike relators’ affidavit as not being in compliance with R. C. 2731.04 and further to dismiss relators’ amended petition for lack of jurisdiction over the subject matter of the action, lack of jurisdiction over the person of the defendant, and for failure to state a claim upon which relief can be granted.

Defendant’s motions are overruled.

The basic issue is whether the civil rules apply to a mandamus action commenced in this court pursuant to its jurisdiction granted in Section 3 (B) (1), Article IV, Ohio Constitution.

While R. C. 2731.02 provides that subject matter…