Opinion
No. 36735
Decided May 3, 1961.
Mandamus — Cause filed originally in Supreme Court — Answer filed — No reply, brief or request for extension of time filed — Cause dismissed for want of prosecution.
IN MANDAMUS.
The petition in mandamus, filed originally in this court on August 30, 1960, alleges that relator has a claim before the Industrial Commission, Bureau of Workmen's Compensation, upon which an award was made which the commission desires to pay; that respondent Burton, Cleveland District Director of Internal Revenue, claims to have a claim for personal individual tax liability against relator, for which Burton filed a federal tax lien against relator and respondent Watzek, Director of the Industrial Commission; that relator believes the tax lien is void; and that the payment of the award is a ministerial function of the Industrial Commission.
The prayer is that a writ issue to respondents, "striking and expunging the tax lien," and ordering the Industrial Commission to pay the award.
On December 19, 1960, Watzek filed an answer denying that he is the Director of the Industrial Commission and denying generally each and every allegation of the petition. Further answering, Watzek alleges that he is an employee of the Bureau of Workmen's Compensation and is a deputy administrator in charge of the Cleveland district office and denies further that he, in the performance of any of his duties, is withholding any funds belonging to relator. The answer prays that the petition be dismissed. Watzek filed also a brief in support of his answer.
Mr. Owen C. Neff, for relator.
Mr. Mark McElroy, attorney general, and Mr. William G. Carpenter, for respondent Frank J. Watzek.
No reply, brief or request for extension of time having been filed by relator, the cause is dismissed for want of prosecution.
Cause dismissed.
WEYGANDT, C.J., ZIMMERMAN, MATTHIAS, BELL, RADCLIFF and O'NEILL, JJ., concur.
RADCLIFF, J., of the Fourth Appellate District, sitting by designation in the place and stead of HERBERT, J.