Opinion · Ohlaw Ohio

STATE EX REL. v. MILLER, 164 Ohio St. 176 (1955)

STATE, EX REL. WANAMAKER, JUDGE v. MILLER, CLERK., 128 N.E.2d 110 (Ohio 1955)

Type
Opinion
Court
Ohlaw Ohio
Jurisdiction
Ohlaw
Date
1955-07-27
Topic
general

STATE EX REL. v. MILLER, 164 Ohio St. 176 (1955) 128 N.E.2d 110 THE STATE, EX REL. WANAMAKER, JUDGE v. MILLER, CLERK. No. 34135Supreme Court of Ohio.

Citator

UpLaw has not yet analyzed STATE EX REL. v. MILLER, 164 Ohio St. 176 (1955). The absence of a flag is not a finding that it is good law.

STATE EX REL. v. MILLER,164 Ohio St. 176(1955)
128 N.E.2d 110
THE STATE, EX REL. WANAMAKER, JUDGE v. MILLER, CLERK.
No. 34135
Supreme Court of Ohio.
Decided July 27, 1955.
Clerk of Supreme Court — Duty to file papers presented for filing— Propriety of paper presented and right of person to file —Power to decide vested in court — Mandamus — Affidavit ofdisqualification stricken from files — No basis in law forfiling.
IN MANDAMUS.

This is an action in mandamus originally instituted in this court to compel Seba H. Miller, clerk thereof, to file in the case ofStatev.Hashmall, case No. 33668 (160 Ohio St. 565,117 N.E.2d 606), an affidavit of disqualification received by him on April 7, 1954.
Mr. Walter B. Wanamaker, for relator.Mr. C. William O'Neill, attorney general, andMr. Joseph S.Gill, for respondent.Page 177
Per Curiam.
It is the duty of the clerk of this court, in the absence of instructions from the court to the contrary, to accept for filing any paper presented to him, provided such paper is not scurrilous or obscene, is properly prepared and is accompanied by the requisite filing fee. The power to make any decision as to the propriety of any paper submitted or as to the right of a person to file such paper is vested in the court, not the clerk.

The writ of mandamus is, therefore, allowed.

As to the affidavit of disqualification and the right to file it, this court,sua sponte, strikes the affidavit from the files for the reason that the relator has no basis in law for filing it.

For the reasons herein stated, the writ of mandamus is hereby allowed, and the affidavit of disqualification is ordered stricken from the files.Judgment accordingly.

MATTHIAS, acting C.J., BELL, ROSS, SKEEL, HILDEBRANT, HURD and KOVACHY, JJ., concur.

MATTHIAS, J., sitting in the place and stead of WEYGANDT, C.J., pursuant to Section2503.04, Revised Code.

ROSS and HILDEBRANT, JJ., of the First Appellate District, and KOVACHY, SKEEL and HURD, JJ., of the Eighth Appellate District, sitting by designation in the place and stead of MATTHIAS, HART, ZIMMERMAN, STEWART and TAFT, JJ., pursuant to Section 2, Article IV of the Constitution.Page 178