State Ex Rel. Brunenkant v. Wallace

The controlling inquiry is whether the petition is subject to a general demurrer. The sufficiency of relators’ pleading depends upon whether the allegations of fact show that a ministerial duty rests upon the respondent which he has failed to perform and of which this court will compel performance by a writ of mandamus.

The following statutory provisions are pertinent:

Section 6290, General Code. “Definition of terms, as used in this chapter and in the penal laws, except as otherwise provided:

“1. ‘Vehicle’ means everything on wheels or runners, except vehicles operated exclusively on rails or…