Legal Opinion
State ex rel. Alford v. Willoughby Civil Service Commission
Ohio Supreme Court
Decided May 30, 1979No. 78-373PublishedCited by 92 opinions
1Opinion of the CourtHolmes, J.
In construing a complaint upon a motion to dismiss for failure to state a claim, the material allegations of the complaint are taken as admitted. Jenkins v. McKeithen (1969), 395 U. S. 411, 421. Then, before the court may dismiss the complaint, “* * * it must appear beyond doubt from the complaint that the plaintiff can prove no set of facts entitling him to recovery. * * *” O’Brien v. University Community Tenants Union (1975), 42 Ohio St. 2d 242.
In order to establish a claim in mandamus, it must be proved that there exists a clear legal duty to act on the *224part of a public officer or agency,…
2Cases cited13 opinions
- Jenkins v. McKeithenSupreme Court of the United States · 1969
- O'Brien v. University Community Tenants Union, Inc.Ohio Supreme Court · 1975
- State ex rel. Pressley v. Industrial CommissionOhio Supreme Court · 1967
- State ex rel. Dollison v. ReddyOhio Supreme Court · 1978
- State ex rel. Stough v. Bd. of Edn. of the Norton City School Dist.Ohio Supreme Court · 1977
8 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Mitchell v. Lawson Milk Co.Ohio Supreme Court · 1988
- State Ex Rel. Hanson v. Guernsey County Board of CommissionersOhio Supreme Court · 1992
- State ex rel. Bush v. SpurlockOhio Supreme Court · 1989
- Ass'n for Defense of Washington Local School District v. KigerOhio Supreme Court · 1989
- Phung v. Waste Management, Inc.Ohio Supreme Court · 1986
87 more not listed; retrieve them via the Exa API.