Legal Opinion

State ex rel. Brammer v. Hayes

Ohio Supreme Court

Decided December 21, 1955No. 34596Published

1Per curiam

Relator contends that the judgment of the Court of Appeals is absolutely void and of no effect, that a void judgment can be collaterally attacked, and that this mandamus proceeding is a proper procedure in making the collateral attack.

Mandamus is a writ, issued in the name of the state to an inferior tribunal, a corporation, board, or person, commanding the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station. Section 2731.01, Revised Code.

Relator in the instant case had an adequate remedy in the ordinary course of law by way of appeal to…

2Cases cited2 opinions

  1. State Ex Rel. Stein v. SohngenOhio Supreme Court · 1947
  2. State Ex Rel. Blackburn v. Court of AppealsOhio Supreme Court · 1950

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