State ex rel. Henderson v. Schuele
State ex rel. Henderson v. Schuele
Opinion of the Court
The conclusion to be reached in this appeal would, at this point, seem to be distinguished by its simplicity in an order of affirmance.
However, appellants contend that the situs of their
The right which appellants assert is to have their claims for additional pensions allowed by the trustees of the Fund. The wrong allegedly suffered by appellants is the failure of respondents to allow such claims and to pay them. Those facts occurred in Franklin County, and, therefore, appellants’ cause of action arose in Franklin County.
Unless there exists some statutory direction to the contrary, a mandamus action under the facts of this case may be brought in Franklin County. The language of Section 742.46, Bevised Code, wherein reference is made to the fact that a party, allegedly aggrieved, may file a mandamus action in the Court of Common Pleas of the county wherein he resides, is permissive and not mandatory.
Accordingly, the judgment of the Court of Appeals, holding that it was without jurisdiction in the cause and ordering the cause dismissed without prejudice, is prejudicially erroneous and contrary to law. Therefore, the judgment of the Court of Appeals is reversed and the cause is remanded to that court for further proceedings.
Judgment reversed.
Taet, C. J., dissents because Section 742.46, Bevised Code, provides relator with an adequate remedy in the ordinary course of the law by an action in the Common Pleas Court of his residence.
Reference
- Full Case Name
- The State, ex rel. Henderson v. Schuele, Board of Trustees, Police and Firemen's Disability and Pension Fund
- Status
- Published