Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Mandamus is a writ, issued in the name of the state to an inferior tribunal, a corporation, board, or person, commanding the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station.
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The writ of mandamus may be allowed by the supreme court, the court of appeals, or the court of common pleas and shall be issued by the clerk of the court in which the application is made. Such writ may issue on […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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.
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Application for the writ of mandamus must be by petition, in the name of the state on the relation of the person applying, and verified by affidavit. The court may require notice of it to be given to the defendant, or grant […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The writ of mandamus must not be issued when there is a plain and adequate remedy in the ordinary course of the law.
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When the right to require the performance of an act is clear and it is apparent that no valid excuse can be given for not doing it, a court, in the first instance, may allow a peremptory mandamus. In all other cases […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The allowance of the writ of mandamus, and an order that the defendant, immediately upon service, do the act required to be performed, or, when an alternative writ is allowed, that he do the act or show cause before the court, at […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The writ of mandamus shall be served upon the defendant personally, by copy, by the sheriff or by a person specially authorized by the court or judge issuing the writ. Such officer or person must report his proceedings therewith to the court. […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly On the return day of an alternative writ of mandamus, or such further day as the court allows, the defendant may answer as in a civil action. If the writ is allowed by a single judge, said defendant may demur. The plaintiff […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If no answer is made to an alternative writ of mandamus, a peremptory mandamus must be allowed against the defendant.
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If judgment in a proceeding for a writ of mandamus is rendered for the plaintiff, the relator may recover the damages which he has sustained, to be ascertained by the court or a jury, or by a referee or master, as in […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If judgment in a proceeding for a writ of mandamus is rendered for the defendant, all costs shall be adjudged against the relator.
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When a peremptory mandamus has been directed to a public officer, body, or board commanding the performance of a public duty specially enjoined by law, and the court finds that such officer, or a member of such body or board, without just […]
Effective: November 21, 1988 Latest Legislation: Senate Bill 247 – 117th General Assembly When a peremptory mandamus has been awarded against a board of county commissioners, a board of township trustees, the legislative authority of a municipal corporation, or board of education of a school district to levy and assess a tax to pay interest […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When a special order is issued to a county auditor under section 2731.14 of the Revised Code, he is responsible for its execution as if he were an officer of the court. He shall receive such fees for his services in executing […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Sections 2731.14 and 2731.15 of the Revised Code do not limit the power of the court to carry its order and judgment into execution, or to punish any officer named therein for contempt or disobedience of its orders or writs.
