Legal Opinion

State ex rel. Sibarco Corp. v. City of Berea

Ohio Supreme Court

Decided July 6, 1966No. 39846PublishedCited by 82 opinions

1Opinion of the CourtHerbert, J.

Appellants contend that the Court of Appeals exceeded the original jurisdiction conferred upon it by the Constitution of Ohio, Section 6, Article IV, when it allowed the extraordinary writ of mandamus to issue although relators had available a plain and adequate remedy in the ordinary course of law by way of appeal pursuant to Chapter 2506 of the Revised Code.

The decisions of the Supreme Court have been quite inconsistent and conflicting in recent years when endeavoring to determine the proper use of mandamus in the exercise of the original jurisdiction conferred upon this court and the Court…

2Cases cited19 opinions

  1. State Ex Rel. Stanley v. CookOhio Supreme Court · 1946
  2. Tuber v. PerkinsOhio Supreme Court · 1966
  3. State, Ex Rel. v. Ind. Comm.Ohio Supreme Court · 1947
  4. State ex rel. Spiccia v. AbateOhio Supreme Court · 1965
  5. Gannon v. GallagherOhio Supreme Court · 1945

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3Cited by82 opinions

  1. State ex rel. Pressley v. Industrial CommissionOhio Supreme Court · 1967
  2. State ex rel. Berger v. McMonagleOhio Supreme Court · 1983
  3. Karches v. City of CincinnatiOhio Supreme Court · 1988
  4. State ex rel. Jackman v. Court of Common Pleas of Cuyahoga CountyOhio Supreme Court · 1967
  5. Driscoll v. Austintown AssociatesOhio Supreme Court · 1975

77 more not listed; retrieve them via the Exa API.

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