State Ex Rel. Greenlun v. Beightler

Ohio Supreme Court

State Ex Rel. Greenlun v. Beightler

30 N.E.2d 554, 137 Ohio St. 377, 137 Ohio St. (N.S.) 377, 19 Ohio Op. 92, 1940 Ohio LEXIS 521

CourtOhio Supreme Court

DecidedDecember 11, 1940

Docket28202

StatusPublished

Cited by3 cases

This text of 30 N.E.2d 554 (State Ex Rel. Greenlun v. Beightler) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State Ex Rel. Greenlun v. Beightler, 30 N.E.2d 554, 137 Ohio St. 377, 137 Ohio St. (N.S.) 377, 19 Ohio Op. 92, 1940 Ohio LEXIS 521 (Ohio 1940).

Pincite

Opinion

By the Court.

The sole question made by the record in this case is whether an employee of the state highway department appointed under civil service may invoke the remedy of mandamus to require the state highway director to issue a warrant for the payment, of the salary of such employee for a period of time during which he was wrongfully excluded from his position of employment.

The only respondent in this case is the director of highways. Under the law, he is not charged with the duty of issuing warrants for salaries of officers or employees in his department. There is, therefore, no proper respondent in this case against whom a writ of mandamus for the issuance of a salary warrant could be properly directed.

The disposition of the case on this issue makes it unnecessary to consider other questions made by the record.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Weygandt, C. J., Day, Zimmerman, Turner, Williams, Matthias and Hart, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI