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THE STATE, EX REL. CLEMENT, APPELLANT v. GRZEZINSKI, JUDGE, APPELLEE.

Mandamus — Assessing costs discretionary with court — Section 12296, General Code — Discretion not abused, when.

Per Curiam.

The sole question presented to this court for determination is whether the Court of Appeals was in error in assessing one-half the costs to each the relator and the respondent.

Section 12296, General Code, gives to the court discretion in assessing costs, and the record in the instant case does not disclose an abuse of that discretion.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

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

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THE STATE EX REL., CLEMENT v. GRZEZINSKI, JUDGE
(Jun 4, 1952)