State ex rel. Irish v. Oviatt

83 Ohio St. (N.S.) 460
CourtOhio Supreme Court
DecidedNovember 15, 1910
DocketNo. 11585
StatusPublished

This text of 83 Ohio St. (N.S.) 460 (State ex rel. Irish v. Oviatt) 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. Irish v. Oviatt, 83 Ohio St. (N.S.) 460 (Ohio 1910).

Opinion

Judgment affirmed. Grounds stated in journal entry.

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same is hereby, affirmed, upon the ground that although upon the facts alleged in the original petition herein the chemical company is without right to maintain said dam, the commissioners' may have-refused the order because they did not so find the facts to be; and upon the further ground that upon the assumption of the truth of said allegations the parties whose lands are injured by said obstruction are entitled to a mandatory [461]*461injunction for its removal and there being that remedy in equity mandamus will not lie.

Crew, Spear and Shauck, JJ., concur.

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Bluebook (online)
83 Ohio St. (N.S.) 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-irish-v-oviatt-ohio-1910.