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State, ex Rel. v. Hamilton

Supreme Court of Ohio
Dec 20, 1933
190 N.E. 199 (Ohio 1933)

Opinion

No. 24446

Decided December 20, 1933.

Mandamus to compel Court of Appeals to affirm judgment — Cause pending on rehearing — Adequate remedy at law to review erroneous judgment.

IN MANDAMUS.

Messrs. Renner Renner, for relator.

Mr. Louis J. Schneider, prosecuting attorney, Mr. Walter M. Locke, and Mr. I. Jack Martin, for respondents.


This cause came on to be heard upon the petition of the relator for a writ of mandamus and the demurrer of the respondents thereto, and was argued by counsel. On consideration whereof, it is ordered and adjudged by this court, that the demurrer be, and the same hereby is, sustained for the reason that a court of record speaks through its journal and its journal in this cause discloses that the cause is still pending on a rehearing; and for the further reason that a writ of mandamus does not lie where there is an adequate remedy at law to correct an erroneous judgment by proceedings in error.

Writ denied.

WEYGANDT, C.J., ALLEN, STEPHENSON, JONES, MATTHIAS, BEVIS and ZIMMERMAN, JJ., concur.


Summaries of

State, ex Rel. v. Hamilton

Supreme Court of Ohio
Dec 20, 1933
190 N.E. 199 (Ohio 1933)
Case details for

State, ex Rel. v. Hamilton

Case Details

Full title:THE STATE, EX REL. SCHUNK, A MINOR v. HAMILTON ET AL., JUDGES

Court:Supreme Court of Ohio

Date published: Dec 20, 1933

Citations

190 N.E. 199 (Ohio 1933)
190 N.E. 199

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