From Casetext: Smarter Legal Research

State ex rel. Blackburn v. Court of Appeals

Supreme Court of Ohio
Jan 17, 1951
96 N.E.2d 297 (Ohio 1951)

Opinion

No. 32401

Decided January 17, 1951.

Mandamus — Writ not substitute for appeal.

IN MANDAMUS.

Mr. Sidney Reaven, for relator.

Mr. William H. Irvin, prosecuting attorney, for respondent Howard Dunfee, clerk of courts.


This case is before the court on demurrer to a petition in mandamus filed originally in this court, by which relator seeks a remedy available by appeal. A writ of mandamus may not be invoked as a substitute for the remedy of appeal.

The demurrer is sustained and the writ denied.

Writ denied.

WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.


Summaries of

State ex rel. Blackburn v. Court of Appeals

Supreme Court of Ohio
Jan 17, 1951
96 N.E.2d 297 (Ohio 1951)
Case details for

State ex rel. Blackburn v. Court of Appeals

Case Details

Full title:THE STATE, EX REL. BLACKBURN v. COURT OF APPEALS FOR BELMONT COUNTY ET AL

Court:Supreme Court of Ohio

Date published: Jan 17, 1951

Citations

96 N.E.2d 297 (Ohio 1951)
96 N.E.2d 297

Citing Cases

State ex Rel. v. Moulton

A writ of mandamus may not be invoked as a substitute for the remedy of appeal. The demurrers to the answers…

State ex Rel. v. Monroe

To allow the writ prayed for in the instant case would be to enable parties, who will not be affected…