State ex rel. Heine v. Busher

Ohio Supreme Court

State ex rel. Heine v. Busher

164 Ohio St. (N.S.) 519

Ohio Supreme Court·Decided February 15, 1956·No. No. 34501·Published

Opinion

Per Curiam.

The writ of prohibition will be awarded only where there is no adequate remedy in the ordinary course of the law and will not be awarded as a substitute for an appeal. State, ex rel. Rhodes, Aud., v. Solether, Judge, 162 Ohio St., 559, 124 N. E. (2d), 411; State, ex rel. Winnefeld, v. Court of Common Pleas, 159 Ohio St., 225, 112 N. E. (2d), 27.

Appellant has an adequate remedy by way of appeal.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Weygandt, C. J., Matthias, Hart, Zimmerman, Stewart, Bell and Taet, JJ., concur.

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Per Curiam.

The writ of prohibition will be awarded only where there is no adequate remedy in the ordinary course of the law and will not be awarded as a substitute for an appeal. State, ex rel. Rhodes, Aud., v. Solether, Judge, 162 Ohio St., 559, 124 N. E. (2d), 411; State, ex rel. Winnefeld, v. Court of Common Pleas, 159 Ohio St., 225, 112 N. E. (2d), 27.

Appellant has an adequate remedy by way of appeal.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Weygandt, C. J., Matthias, Hart, Zimmerman, Stewart, Bell and Taet, JJ., concur.

State ex rel. Heine v. Busher, 164 Ohio St. (N.S.) 519 (Ohio 1956).

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164 Ohio St. (N.S.) 519 (State ex rel. Heine v. Busher) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.