Legal Opinion

State Ex Rel. Home Owners' Loan Corp. v. Pontius

Ohio Supreme Court

Decided June 21, 1939No. 27534Published

1Opinion of the Court

By the Court.

Counsel for the county auditor and treasurer maintains that the relief sought-is, in effect, injunction to prevent the collection of delinquent sewer rentals and therefore mandamus will not lie.

“The writ must not be issued in a case where there is a plain and adequate remedy in the ordinary course of the law. * * *” Section 12287, General Code; State, ex rel. Methodist Book Concern, v. Guckenberger, Auditor, 133 Ohio St., 373, 14 N. E. (2d), 9.

Writ denied.

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

2Cases cited1 opinion

  1. State Ex Rel. Methodist Book Concern v. GuckenbergerOhio Supreme Court · 1938