State Ex Rel. Karam v. Cull

Ohio Supreme Court

State Ex Rel. Karam v. Cull

40 N.E.2d 670, 139 Ohio St. 415, 139 Ohio St. (N.S.) 415, 22 Ohio Op. 472, 1942 Ohio LEXIS 541

CourtOhio Supreme Court

DecidedMarch 18, 1942

Docket28875

StatusPublished

Cited by2 cases

This text of 40 N.E.2d 670 (State Ex Rel. Karam v. Cull) 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. Karam v. Cull, 40 N.E.2d 670, 139 Ohio St. 415, 139 Ohio St. (N.S.) 415, 22 Ohio Op. 472, 1942 Ohio LEXIS 541 (Ohio 1942).

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Opinion

By the Court.

Relator, as a taxpayer of the city of Cleveland, filed a petition in mandamus in this court praying that the civil service commission of that city be compelled to hold promotional examinations to fill vacancies in certain positions in the police department, in accordance with Section 486-15u, General Code. Issues were joined by answers and a reply. Depositions were taken on behalf of respondents and relator. It was later stipulated by counsel that after *416 the depositions were taken promotional examinations were held and the civil service commission certified to the director of public safety names from eligible lists for the positions.

This court will take into consideration the facts and conditions existing at the time it determines whether to issue a peremptory writ of mandamus. State, ex rel. Apple, v. Pence et al., Bd. of Edn. of Shelby County School District, 137 Ohio St., 569, 31 N. E. (2d), 841.

The facts before the court establish that the legal questions involved have become moot and a writ is therefore denied, at costs of relator. Miner v. Witt, Clerk, 82 Ohio St., 237, 92 N. E., 21; State, ex rel. Fish, v. Industrial Commission, 123 Ohio St., 678, 177 N. E., 766; 11 Ohio Jurisprudence, 762, Section 111.

Writ denied.

Weygandt, 0. J., Turner, Wiluams, Matthias, Hart and Zimmerman, JJ., concur. Bettman, J., not participating.

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By the Court.

Relator, as a taxpayer of the city of Cleveland, filed a petition in mandamus in this court praying that the civil service commission of that city be compelled to hold promotional examinations to fill vacancies in certain positions in the police department, in accordance with Section 486-15u, General Code. Issues were joined by answers and a reply. Depositions were taken on behalf of respondents and relator. It was later stipulated by counsel that after *416 the depositions were taken promotional examinations were held and the civil service commission certified to the director of public safety names from eligible lists for the positions.

This court will take into consideration the facts and conditions existing at the time it determines whether to issue a peremptory writ of mandamus. State, ex rel. Apple, v. Pence et al., Bd. of Edn. of Shelby County School District, 137 Ohio St., 569, 31 N. E. (2d), 841.

The facts before the court establish that the legal questions involved have become moot and a writ is therefore denied, at costs of relator. Miner v. Witt, Clerk, 82 Ohio St., 237, 92 N. E., 21; State, ex rel. Fish, v. Industrial Commission, 123 Ohio St., 678, 177 N. E., 766; 11 Ohio Jurisprudence, 762, Section 111.

Writ denied.

Weygandt, 0. J., Turner, Wiluams, Matthias, Hart and Zimmerman, JJ., concur. Bettman, J., not participating.

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Bluebook (online)

40 N.E.2d 670, 139 Ohio St. 415, 139 Ohio St. (N.S.) 415, 22 Ohio Op. 472, 1942 Ohio LEXIS 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-karam-v-cull-ohio-1942.

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