State ex rel. Freeman v. Valentine, 70-690
| Decision Date | 03 March 1971 |
| Docket Number | No. 70-690,70-690 |
| Parties | , 54 O.O.2d 296 The STATE, ex rel. FREEMAN, Appellants, v. VALENTINE, Appellee. |
| Court | Ohio Supreme Court |
Jerome B. Freeman, in pro. per.
Melvin G. Rueger, Pros. Atty., and Leonard Kirschner, Cincinnati, for appellee.
Mandamus lies only to compel the performance of an act which is clearly enjoined by law upon a respondent. Here, the respondent did not have possession of the property which relator sought to have returned to him by this action in mandamus.
The judgment of the Court of Appeals is affirmed.
Judgment affirmed.
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7 cases
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State ex rel. Ohio Motorists Ass'n v. Masten
...clearly enjoined by law upon a respondent. State, ex rel. Pistillo, v. Shaker Heights (1971), 26 Ohio St.2d 85 ; State, ex rel. Freeman, v. Valentine (1971), 25 Ohio St.2d 183 . This principle applies whether the source of the duty involved is a city charter provision, Cleveland, ex rel. Ne......
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State ex rel. Tulley v. Brown, 72-196
... ... State ... ex rel. Freeman v. Valentine (1971), 25 Ohio St.2d 184, 267 N.E.2d 594; State ex rel. Pistillo v. Shaker Heights ... ...
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State ex rel. Leis v. Gusweiler
...in jeopardy. Mandamus will not issue to command a vain act. O'Connor, supra, at page 383, 377 N.E.2d 494; State, ex rel. Freeman, v. Valentine (1971), 25 Ohio St.2d 184, 267 N.E.2d 594. Accordingly, the judgment of the Court of Appeals granting the writ is Judgment reversed. CELEBREZZE, C. ......
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State ex rel. Campanella v. Kucinich
...law upon a respondent. State ex rel. Pistillo v. Shaker Heights (1971), 26 Ohio St.2d 85, 269 N.E.2d 42; State ex rel. Freeman v. Valentine (1971), 25 Ohio St.2d 184, 267 N.E.2d 594. This principle applies whether the source of the duty involved is a city charter provision, Cleveland ex rel......
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