State ex rel. Skilton v. Miller

Relator contends that the issuance of a warrant or summons is purely a ministerial act, involving no exercise of discretion on the part of the respondents. This question was not determined by the Court of Appeals because that court found that the relator is not the party benefically interested, and that the petition therefore fails to show a cause of action in him. And if that question is to be determined here, it must first be determined that relator has the right to make the demand for a warrant.

Section 2731.02, Revised Code, provides:

“The writ of mandamus may be allowed by the Supreme…