State Ex Rel. Stine v. Atkinson

Ohio Supreme Court

State Ex Rel. Stine v. Atkinson

23 N.E.2d 637, 136 Ohio St. 72, 136 Ohio St. (N.S.) 72, 15 Ohio Op. 580, 1939 Ohio LEXIS 229

CourtOhio Supreme Court

DecidedNovember 22, 1939

Docket27722

StatusPublished

Cited by3 cases

This text of 23 N.E.2d 637 (State Ex Rel. Stine v. Atkinson) 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. Stine v. Atkinson, 23 N.E.2d 637, 136 Ohio St. 72, 136 Ohio St. (N.S.) 72, 15 Ohio Op. 580, 1939 Ohio LEXIS 229 (Ohio 1939).

Pincite

Opinion

*73 By the Court.

Under Section 1345-13, General Code (116 Ohio Laws, pt. 2, 286, 298), the power of appointment was exercised by the Unemployment Compensation Commission, subject to the civil service laws, but under Section 1346-1, General Code (Section 2, S. B. No. 57, 93 General Assembly, 118 Ohio Laws, —), the powers and duties of that commission were vested solely in the administrator of the Bureau of Unemployment Compensation.

Assuming relator was lawfully appointed and unlawfully dismissed as alleged, the administrator is the only person to whom a writ of mandamus may issue compelling reinstatement of the relator. Section 12283, General Code.

The demurrer will be sustained for misjoinder of respondents and the relator will be granted 20 days in which to plead further.

Demurrer sustained.

Weygandt, C. J., Day, Zimmerman, Williams, Myers, Matthias and Hart, JJ., concur.

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