State ex rel. Al Monzo Construction Co. v. Board of Control

Ohio Supreme Court

State ex rel. Al Monzo Construction Co. v. Board of Control

172 Ohio St. (N.S.) 370

CourtOhio Supreme Court

DecidedJuly 5, 1961

DocketNo. 37077

StatusPublished

This text of 172 Ohio St. (N.S.) 370 (State ex rel. Al Monzo Construction Co. v. Board of Control) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Al Monzo Construction Co. v. Board of Control, 172 Ohio St. (N.S.) 370 (Ohio 1961).

Pincite

Opinion

Per Curiam.

If relator is correct in its contentions, it would have an adequate remedy in the ordinary course of the law. The motion to dismiss the petition will he treated as a demurrer. The petition failing to state a cause of action in mandamus, the demurrer is sustained, and the writ of mandamus is denied. State, ex rel. Cotleur, v. Board of Education of Cleveland Heights School District, 171 Ohio St., 335.

Writ denied.

Weygandt, O. J., Zimmerman, Taet, Matthias, Bell, Radcliee and O’Neill, JJ., concur. Radcliee, J., of the Fourth Appellate District, sitting by designation in the place and stead of Herbert, J.

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Per Curiam.

If relator is correct in its contentions, it would have an adequate remedy in the ordinary course of the law. The motion to dismiss the petition will he treated as a demurrer. The petition failing to state a cause of action in mandamus, the demurrer is sustained, and the writ of mandamus is denied. State, ex rel. Cotleur, v. Board of Education of Cleveland Heights School District, 171 Ohio St., 335.

Writ denied.

Weygandt, O. J., Zimmerman, Taet, Matthias, Bell, Radcliee and O’Neill, JJ., concur. Radcliee, J., of the Fourth Appellate District, sitting by designation in the place and stead of Herbert, J.

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Bluebook (online)

172 Ohio St. (N.S.) 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-al-monzo-construction-co-v-board-of-control-ohio-1961.