Ohio Supreme Court, 1939

State Ex Rel. Stine v. Atkinson

Ohio Supreme Court · Decided November 22, 1939 · Weygandt, Day, Zimmerman, Williams, Myers, Matthias, Hart

23 N.E.2d 637; 136 Ohio St. 72; 136 Ohio St. (N.S.) 72; 15 Ohio Op. 580; 1939 Ohio LEXIS 229 (North Eastern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

State ex rel. Alford v. Willoughby Civil Service Commission (Ohio 1979)
United Steelworkers v. Doyle (Mahoning County Court of Common Pleas 1958)
Stine v. Atkinson (Ohio Ct. App. 1942)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*73 By the Court.

Under Section 1345-13, General Code (116 Ohio Laws, pt. 2, 286, 298), the power of appointment was exercised by the Unemployment Compensation Commission, subject to the civil service laws, but under Section 1346-1, General Code (Section 2, S. B. No. 57, 93 General Assembly, 118 Ohio Laws, —), the powers and duties of that commission were vested solely in the administrator of the Bureau of Unemployment Compensation.

Assuming relator was lawfully appointed and unlawfully dismissed as alleged, the administrator is the only person to whom a writ of mandamus may issue compelling reinstatement of the relator. Section 12283, General Code.

The demurrer will be sustained for misjoinder of respondents and the relator will be granted 20 days in which to plead further.

Demurrer sustained.

Weygandt, C. J., Day, Zimmerman, Williams, Myers, Matthias and Hart, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.