Terrett v. Court of Appeals of the Seventh Appellate District

Ohio Supreme Court

Terrett v. Court of Appeals of the Seventh Appellate District

170 Ohio St. (N.S.) 439

Ohio Supreme Court·Decided March 23, 1960·No. No. 36306·Published

Opinion

Per Curiam.

The petition fails to state operative facts which show that relator has no adequate remedy in the ordinary course of the law. A writ of prohibition will ordinarily not be allowed where there is an adequate remedy in the ordinary course of the law and may not be a substitute for appeal.

The demurrer to the petition is sustained, and the writ of prohibition is denied.

Demurrer sustained and writ denied.

Weygandt, C. J., Zimmerman, Taut, Matthias, Bell, Herbert and Peck, JJ., concur.

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Per Curiam.

The petition fails to state operative facts which show that relator has no adequate remedy in the ordinary course of the law. A writ of prohibition will ordinarily not be allowed where there is an adequate remedy in the ordinary course of the law and may not be a substitute for appeal.

The demurrer to the petition is sustained, and the writ of prohibition is denied.

Demurrer sustained and writ denied.

Weygandt, C. J., Zimmerman, Taut, Matthias, Bell, Herbert and Peck, JJ., concur.

Terrett v. Court of Appeals of the Seventh Appellate District, 170 Ohio St. (N.S.) 439 (Ohio 1960).

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170 Ohio St. (N.S.) 439 (Terrett v. Court of Appeals of the Seventh Appellate District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.