STATE EX REL. v. ROBERTS

Clerk of Courts — Duty to file petition presented for filing — Legal sufficiency of petition and right to file — Power to determine vested in Court — Mandamus.

Per Curiam.

There is a duty enjoined by law upon respondent, a ministerial officer of the court, to accept and file the petition tendered by relator.

A writ of mandamus is allowed on authority of State, ex rel. Wanamaker, Judge, v. Miller, Clerk, 164 Ohio St. 176, 128 N.E.2d 110.

Writ allowed.

WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, STEWART, BELL and TAFT, JJ., concur.