State ex rel. Liberty Mills, Inc. v. Locker
Ohio Supreme Court
1Opinion of the CourtDouglas, J.
Mandamus is an extraordinary writ that must be granted with caution. R.C. 2731.01 provides that mandamus is “* * * a writ, issued in the name of the state to an inferior tribunal, a corporation, board, or person, commanding the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station.” R.C. 2731.05 provides that “[t]he writ of mandamus must not be issued when there is plain and adequate remedy in the ordinary course of the law.” In order for a writ of mandamus to issue, a relator must show that (1) he has a clear legal right to the relief…
2Cases cited3 opinions
- State ex rel. Butler v. DemisOhio Supreme Court · 1981
- State ex rel. Cody v. TonerOhio Supreme Court · 1983
- State, Ex Rel. v. Ind. Comm.Ohio Supreme Court · 1947
3Cited by39 opinions
- State ex rel. Keenan v. CalabreseOhio Supreme Court · 1994
- State ex rel. Carter v. SchottenOhio Supreme Court · 1994
- State ex rel. Horwitz v. Court of Common PleasOhio Supreme Court · 1992
- State ex rel. Heck v. KesslerOhio Supreme Court · 1995
- Leaseway Distribution Centers, Inc. v. Department of Administrative ServicesOhio Court of Appeals · 1988
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