State Ex Rel. Johnston v. Cincinnati Board of Education

Relator-appellant, Norman Johnston, appeals from the dismissal of his suit in mandamus, granted on the motion of respondent-appellee, Board of Education, for summary judgment.

Appellant petitioned the Court of Common Pleas for an alternative writ of mandamus that would order appellee to take two actions: (1) to issue him a limited one-year contract to teach throughout the 1977-1978 school year, and (2) to pay him his full salary for the 1976-1977 school year. While the petition does not formally separate the two causes of action, a reasonable construction leads to the conclusion that two…