State, ex rel. Overmeyer v. Walinski

This is an action in mandamus originating in this court. In this action, relator seeks an order compelling the respondent judge to enter summary judgment in his behalf.

Relator, as owner and publisher of the Toledo Monitor, was joined as a defendant with the Monitor in an action for libel.

Relator filed a motion for summary judgment on his own behalf. After a hearing thereon, respondent trial judge denied the motion for summary judgment. He now contends that the judge had a mandatory duty to enter summary judgment in his favor.

Relator contends that he has no appeal from the denial of the…