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

Opinion

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.