State ex rel. Bargar v. Ross

E. C. 2731.05 provides that “[t]he writ of mandamus must not be issued when there is a plain and adequate remedy in the ordinary course of the law.” In this cause, appellant has exhausted his “plain and adequate remedy in the ordinary course of the law” and attempts to substitute an action in mandamus for an otherwise barred second appeal.

This court stated in State, ex rel. Shively, v. Nicholas (1949), 151 Ohio St. 179, at page 181 that: “One remedy at law is the right of appeal. * * * [T]he relatrix did avail herself of this remedy * * *. The fact that the relatrix was unsuccessful in that…