State Ex Rel. Ticknor v. Randall

By the Court.

Section 12285, General Code, reads: “The writ [of mandamus] may require an inferior tribunal to exercise its judgment, or proceed to the discharge of any of its functions, but it cannot control judicial discretion.”

The Court of Common Pleas exercised its judgment, first, in overruling the motion to set the will contest for hearing only upon the issue of the interest of the contestant, and, second, in overruling the contestant’s motion to dismiss the defendants’ motion for an order of abatement and dismissal, and continuing the latter motion for determination when the will-contest…