State ex rel. Roger J. Au & Son, Inc. v. Studebaker

Ohio Supreme Court

State ex rel. Roger J. Au & Son, Inc. v. Studebaker

175 Ohio St. (N.S.) 222

Ohio Supreme Court·Decided October 2, 1963·No. No. 38316·Published

Opinion

Per Curiam.

Relator has an adequate remedy by way of injunction. This court will ordinarily, in the exercise of its discretion, deny a writ of mandamus where the relator has a plain and adequate remedy in the ordinary course of the law, including an equitable remedy. State, ex rel. Libbey-Owens-Ford Glass Co., v. Industrial Commission, 162 Ohio St., 302; State, ex rel. Al Monzo Construction Co., Inc., v. Board of Control of City of Warren, 172 Ohio St., 370.

The Court of Appeals has the same discretionary power with respect to the allowance of a writ of mandamus in such a [223]*223case originating in that court. State, ex rel. Cotleur, v. Board of Education of Cleveland Heights School Dist., 171 Ohio St., 335; State, ex rel. Grant, Jr., Exr., v. Kiefaber et al., Montgomery County Planning Comm., 171 Ohio St., 326.

Judgment affirmed.

Taft, C. J., Zimmerman, Matthias, O’Neill, Griffith, Herbert and Gibson, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Relator has an adequate remedy by way of injunction. This court will ordinarily, in the exercise of its discretion, deny a writ of mandamus where the relator has a plain and adequate remedy in the ordinary course of the law, including an equitable remedy. State, ex rel. Libbey-Owens-Ford Glass Co., v. Industrial Commission, 162 Ohio St., 302; State, ex rel. Al Monzo Construction Co., Inc., v. Board of Control of City of Warren, 172 Ohio St., 370.

The Court of Appeals has the same discretionary power with respect to the allowance of a writ of mandamus in such a [223]*223case originating in that court. State, ex rel. Cotleur, v. Board of Education of Cleveland Heights School Dist., 171 Ohio St., 335; State, ex rel. Grant, Jr., Exr., v. Kiefaber et al., Montgomery County Planning Comm., 171 Ohio St., 326.

Judgment affirmed.

Taft, C. J., Zimmerman, Matthias, O’Neill, Griffith, Herbert and Gibson, JJ., concur.

State ex rel. Roger J. Au & Son, Inc. v. Studebaker, 175 Ohio St. (N.S.) 222 (Ohio 1963).

Pincite

175 Ohio St. (N.S.) 222 (State ex rel. Roger J. Au & Son, Inc. v. Studebaker) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.