State ex rel. Davies v. City of Elyria

“ * * *One remedy at law is the right of appeal. ***[T] he relatrix did avail herself of this remedy***. The fact that relatrix was unsuccessful in that appeal does not entitle her to substitute a writ of mandamus as an indirect means of perfecting a second appeal.” State, ex rel. Shively, v. Nicholas (1949), 151 Ohio St. 179, 181; see, also, State, ex rel. Bargar, v. Ross (1978), 53 Ohio St. 2d 18, 19. Similarly, appellant, pursuant to R. C. 124.34, perfected appeals to the civil service commission and to the Court of Common Pleas. However, appellant failed to use this same statutory right…