State ex rel. Estes v. Marriott

Ohio Supreme Court

State ex rel. Estes v. Marriott

170 Ohio St. (N.S.) 46

CourtOhio Supreme Court

DecidedNovember 4, 1959

DocketNo. 36122

StatusPublished

This text of 170 Ohio St. (N.S.) 46 (State ex rel. Estes v. Marriott) 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. Estes v. Marriott, 170 Ohio St. (N.S.) 46 (Ohio 1959).

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Opinion

Per Curiam.

The question presented is whether the petition in this case is demurrable. This court is of the opinion that it is. It does not state operative facts which show that relator has no adequate remedy in the ordinary course of the law.

A writ of prohibition will ordinarily not be allowed where there is an adequate remedy in the ordinary course of the law and may not be employed as a substitute for appeal. State, ex [48]*48rel. Rhodes, Aud., v. Solether, Judge, 162 Ohio St., 559, 124 N. E. (2d), 411.

Demurrer sustained and writ denied.

Weygandt, C. J., Zimmerman, Taft, Matthias, Bell, Herbert and Peck, JJ., concur.

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Per Curiam.

The question presented is whether the petition in this case is demurrable. This court is of the opinion that it is. It does not state operative facts which show that relator has no adequate remedy in the ordinary course of the law.

A writ of prohibition will ordinarily not be allowed where there is an adequate remedy in the ordinary course of the law and may not be employed as a substitute for appeal. State, ex [48]*48rel. Rhodes, Aud., v. Solether, Judge, 162 Ohio St., 559, 124 N. E. (2d), 411.

Demurrer sustained and writ denied.

Weygandt, C. J., Zimmerman, Taft, Matthias, Bell, Herbert and Peck, JJ., concur.

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Bluebook (online)

170 Ohio St. (N.S.) 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-estes-v-marriott-ohio-1959.