Legal Opinion

State ex rel. Carson v. Board of Education

Ohio Supreme Court

Decided May 18, 1926No. 19513Published

1Opinion of the CourtAllen, J.

The single question involved in this case is whether an action in mandamus is a chancery case, and hence appealable to the Court of Appeals within the provisions of Section 6, Article IV, of the Ohio Constitution, that:

“The Courts of Appeals shall have original jurisdiction in quo warranto, mandamus, habeas corpus, prohibition and procedendo, and appellate jurisdiction in the trial of chancery cases # *

Granting that the action in mandamus, as instituted, conformed to the requirements of Section 12224, General Code, the action has to constitute a chancery case in order that the appeal may lie.…

2Cases cited15 opinions

  1. Riggs v. Johnson CountySupreme Court of the United States · 1868
  2. Heine v. Levee CommissionersSupreme Court of the United States · 1874
  3. Smith v. Bourbon CountySupreme Court of the United States · 1888
  4. State, ex rel. Beard v. JacksonIndiana Supreme Court · 1907
  5. Woods v. HydeCalifornia Court of Appeal · 1923

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