State ex rel. Temke v. Outcalt

Ninety-four years ago, this court enunciated a well-settled rule that in a mandamus proceeding to compel an officer to perform an act which it is claimed the law enjoins upon him as a duty, all the facts necessary to put him in default must be demonstrated. State v. Cappeller (1883), 39 Ohio St. 455, 460 (quoting Cincinnati College v. La Rue [1872], 22 Ohio St. 469). The court has reaffirmed this principle over the years. Ohio, ex rel. v. Moore (1883), 39 Ohio St. 486, 487 (citing La Rue and Cappeller); Dye v. State, ex rel. Davis (1906), 73 Ohio St. 231, 241, 76 N. E. 829 (quoting La Rue).…