Stuphin v. State ex rel. Jeby

Ohio Supreme Court

Stuphin v. State ex rel. Jeby

130 Ohio St. (N.S.) 183

CourtOhio Supreme Court

DecidedNovember 6, 1935

DocketNo. 25324

StatusPublished

This text of 130 Ohio St. (N.S.) 183 (Stuphin v. State ex rel. Jeby) 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

Stuphin v. State ex rel. Jeby, 130 Ohio St. (N.S.) 183 (Ohio 1935).

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Opinion

It is ordered and adjudged hy this court, that the judgment of the said Court of Appeals be, and the same hereby is, reversed; and this court proceeding to render the judgment that the Court of Appeals should have rendered, it is ordered and adjudged that the judgment of the Court of Common Pleas be, and the same hereby is, affirmed.

This court finds from the record that the Boxing and Wrestling Commission was authorized to adopt rules; that that commission adopted such rules; that the defendants in error entered into an agreement making such rules govern the contest, and that the rules lodged discretion in such commission, which discretion was exercised in accordance therewith.

[184]*184Mandamus will lie to compel, but not to control, the exercise of discretion. State, ex rel. Armstrong, v. Davey, Governor, ante, 160.

Judgment of the Court of Appeals reversed, and that of Common Pleas affirmed.

Weygandt, C. J., Stephenson, Williams, Jones, Matthias and Zimmerman, JJ., concur. ■

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It is ordered and adjudged hy this court, that the judgment of the said Court of Appeals be, and the same hereby is, reversed; and this court proceeding to render the judgment that the Court of Appeals should have rendered, it is ordered and adjudged that the judgment of the Court of Common Pleas be, and the same hereby is, affirmed.

This court finds from the record that the Boxing and Wrestling Commission was authorized to adopt rules; that that commission adopted such rules; that the defendants in error entered into an agreement making such rules govern the contest, and that the rules lodged discretion in such commission, which discretion was exercised in accordance therewith.

[184]*184Mandamus will lie to compel, but not to control, the exercise of discretion. State, ex rel. Armstrong, v. Davey, Governor, ante, 160.

Judgment of the Court of Appeals reversed, and that of Common Pleas affirmed.

Weygandt, C. J., Stephenson, Williams, Jones, Matthias and Zimmerman, JJ., concur. ■

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Bluebook (online)

130 Ohio St. (N.S.) 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stuphin-v-state-ex-rel-jeby-ohio-1935.