Section 2731.11 | Recovery of Damages.
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 […]
Section 2731.02 | Courts Authorized to Issue Writ – Contents.
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 […]
Section 2731.03 | Writ Does Not Control Judicial Discretion.
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.
Section 2731.04 | Application for Writ.
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 […]
Section 2731.05 | Adequacy of Law Remedy Bar to Writ.
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.
Section 2731.01 | Mandamus Defined.
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.