Opinion
No. 32581
Decided November 7, 1951.
Mandamus — Writ not issued to compel observance of law generally — Collection of delinquent court costs.
APPEAL from the Court of Appeals for Cuyahoga county.
The relator, as a taxpayer, instituted this action in mandamus in the Court of Appeals, seeking a writ to compel the respondents, clerk of court and prosecuting attorney, to collect unpaid and delinquent court costs alleged to be owing from suits heard and adjudged in the Common Pleas Court. There are listed in the petition several hundred case numbers, in which cases it is alleged respondents have failed to collect costs. By oral motion, relator was permitted to amend his petition to include "other cases in which court costs have not been paid."
Respondents, by separate answers, deny they have, without good and sufficient reason, failed to comply with the statutory provisions governing the collection of costs, allege that the facts stated in the petition do not constitute a cause of action, and challenge the authority of the relator to institute the action.
The Court of Appeals denied the writ.
The cause is in this court on an appeal as of right.
Mr. Richard B. Kay, in propria persona. Mr. Frank T. Cullitan, prosecuting attorney, and Mr. Saul S. Danaceau, for appellees.
A writ of mandamus will not issue to compel the observance of law generally, but will be confined to commanding the performance of specific acts specially enjoined by law to be performed. Cullen, Vice Mayor, v. State, ex rel. City of Toledo, 105 Ohio St. 545, 138 N.E. 58; State, ex rel. Stanley, v. Cook, Supt. of Banks, 146 Ohio St. 348, 66 N.E.2d 207; State, ex rel. Foster, v. Miller et al., Tax Comm., 136 Ohio St. 295, 25 N.E.2d 686.
Judgment affirmed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.