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State Ex Rel. Cook v. Court of Common Pleas

59 N.E.2d 376, 144 Ohio St. 461, 144 Ohio St. (N.S.) 461, 30 Ohio Op. 46, 1945 Ohio LEXIS 483
CourtOhio Supreme Court
DecidedFebruary 7, 1945
Docket30176
StatusPublished
Cited by4 cases

This text of 59 N.E.2d 376 (State Ex Rel. Cook v. Court of Common Pleas) 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. Cook v. Court of Common Pleas, 59 N.E.2d 376, 144 Ohio St. 461, 144 Ohio St. (N.S.) 461, 30 Ohio Op. 46, 1945 Ohio LEXIS 483 (Ohio 1945).

Opinion

*463 By the Court.

The relator seeks by writ of mandamus ail order to strike the nunc pro tunc entry from the files. That writ “cannot control judicial discretion” (Section 12285, General Code) and the writ “must not be issued in a case where there is a plain and adequate remedy in the ordinary course of the law” (Section 12287, General Code). The Court of Common Pleas exercised its judicial discretion in entering the nunc pro tunc order and the relator has a plain and adequate remedy by appeal. State, ex rel. McCamey, v. Court of Common Pleas, 137 Ohio St., 566, 31 N. E. (2d), 683.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Weygandt, C. J., Zimmerman, Bell, Williams, Turner, Matthias and Hart, JJ., concur.

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Related

State Ex Rel. Ticknor v. Randall
87 N.E.2d 340 (Ohio Supreme Court, 1949)
State Ex Rel. Luckhaupt v. McClelland
84 N.E.2d 275 (Ohio Supreme Court, 1949)
State Ex Rel. Dunphy v. Graham
67 N.E.2d 321 (Ohio Supreme Court, 1946)

Cite This Page — Counsel Stack

Bluebook (online)
59 N.E.2d 376, 144 Ohio St. 461, 144 Ohio St. (N.S.) 461, 30 Ohio Op. 46, 1945 Ohio LEXIS 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-cook-v-court-of-common-pleas-ohio-1945.