Recovery of damages
Applied in 2 court decisions — leading case Dwyer v. City of Middletown (1989)
Most recently applied in James W. Childs v. Van Wert County, Ohio (March 1992)
Effective: October 1, 1953; Latest Legislation: House Bill 1 - 100th General Assembly
If judgment in a proceeding for a writ of mandamus is rendered for the plaintiff, the relator may recover the damages which he has sustained, to be ascertained by the court or a jury, or by a referee or master, as in a civil action, and costs. A peremptory mandamus shall also be granted to him without delay.
Such recovery of damages against a defendant is a bar to any other action upon such cause of action.
Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.