State ex rel. Wilson v. Preston

The issues in this cause are whether the summary-judgment procedure is applicable to an action in mandamus and if so whether the writ of mandamus should be allowed.

Relator filed a motion for a summary judgment in this action, pursuant to Section 2311.041, Revised Code. This raises for the first time in this court the question of whether a motion for summary judgment under our summary-judgment procedure is proper in an action in mandamus.

The pertinent parts of Section 2311.041, Revised Code, read:

“Summary judgment may be granted in a civil action as provided in this section.

“(A) A party…