Legal Opinion

State ex rel. Liberty Mills, Inc. v. Locker

Ohio Supreme Court

Decided February 12, 1986No. 85-1542PublishedCited by 39 opinions

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

  1. State ex rel. Butler v. DemisOhio Supreme Court · 1981
  2. State ex rel. Cody v. TonerOhio Supreme Court · 1983
  3. State, Ex Rel. v. Ind. Comm.Ohio Supreme Court · 1947

3Cited by39 opinions

  1. State ex rel. Keenan v. CalabreseOhio Supreme Court · 1994
  2. State ex rel. Carter v. SchottenOhio Supreme Court · 1994
  3. State ex rel. Horwitz v. Court of Common PleasOhio Supreme Court · 1992
  4. State ex rel. Heck v. KesslerOhio Supreme Court · 1995
  5. Leaseway Distribution Centers, Inc. v. Department of Administrative ServicesOhio Court of Appeals · 1988

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