State ex rel. Franklin County Agricultural Society v. Stroop
State ex rel. Franklin County Agricultural Society v. Stroop
Opinion of the Court
The court finds that the allegations of said Franklin County Agricultural Society made in its petition, that it filed with the State Board of Agriculture a report, describing an exhibition said to have been made by the relator in the year 1916 at Grove City in said county and demanded that the president and secretary issue a certificate upon which the relator would be entitled to receive the warrant referred to in the petition, are true. Mandamus will lie to compel the performance of an act which is clearly shown to be specially enjoined by law as a duty upon a public officer, but will not lie to control the discretion of a public officer. There is no provision in the sections of the General Code (which regulate exhibitions and proceedings thereunder of the character involved in this case, to-wit, Sections 9880 to 9884, General Code, inclusive) which specially enjoins upon the presi
It is, therefore, ordered and adjudged that the petition herein be dismissed.
Writ denied.
Reference
- Full Case Name
- The State, ex rel. The Franklin County Agricultural Society v. Stroop
- Status
- Published
- Syllabus
- Mandamus — Writ does not lie, when — Control of official discretion— Presumptions — Performance of statutory duties — State board of agriculture — Refusal of certificate to county agricultural society — ■Sections 9880 to 9884, General Code.