State ex rel. Ratliff v. Marshall

Ohio Supreme Court

State ex rel. Ratliff v. Marshall

282 N.E.2d 582, 30 Ohio St. 2d 101, 59 Ohio Op. 2d 114, 1972 Ohio LEXIS 462

CourtOhio Supreme Court

DecidedMay 10, 1972

DocketNo. 72-42

StatusPublished

Cited by17 cases

This text of 282 N.E.2d 582 (State ex rel. Ratliff v. Marshall) 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. Ratliff v. Marshall, 282 N.E.2d 582, 30 Ohio St. 2d 101, 59 Ohio Op. 2d 114, 1972 Ohio LEXIS 462 (Ohio 1972).

Pincite

Opinion

Per G-uriam.

Procedendo is a high prerogative writ of an extraordinary nature. It is an order from a court of superior jurisdiction to proceed to judgment and does not lie to control or interfere with ordinary court procedure. Procedendo does not lie where, as here, there is no clear legal right to such relief.

Moreover, even if relators’ complaint is considered to be in mandamus, that remedy is not available where there is an adequate remedy in the ordinary course of the law. Here, relators have an adequate remedy by appeal.

The judgment of the Court of Appeals denying the writ sought is affirmed.

Judgment affirmed.

O’Neill, C. J., Schneider, Herbert, Corrigan, Stern, Leach and Brown, JJ., concur.

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