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

Ohio Supreme Court
State Ex Rel. Home Owners' Loan Corp. v. Pontius, 21 N.E.2d 868 (Ohio 1939)
135 Ohio St. 577; 135 Ohio St. (N.S.) 577; 14 Ohio Op. 467; 1939 Ohio LEXIS 274
Weygandt, Day, Zimmerman, Williams, Myers, Matthias, Hart

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

Opinion 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 *579 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.

Reference

Full Case Name
The State, Ex Rel. Home Owners’ Loan Corp., v. Pontius, Treas., Et Al.
Status
Published