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Ohio Supreme Court, 1943

State Ex Rel. Clinger v. Shell

State Ex Rel. Clinger v. Shell
Ohio Supreme Court · Decided May 12, 1943 · Weygandt, Matthias, Hart, Zimmerman, Bell, Turner, Williams
48 N.E.2d 1009; 141 Ohio St. 474; 141 Ohio St. (N.S.) 474; 26 Ohio Op. 32; 1943 Ohio LEXIS 441 (North Eastern Reporter, Second Series)

Counsel

Messrs. Stephenson Wilson , for appellant. Mr. Gordon D. Lovett , assistant prosecuting attorney, and Mr. Robert L. Barton , for appellees.

State Ex Rel. Clinger v. Shell

Opinion of the Court

By the Court.

The refusal to allow an alternative writ of mandamus is not reviewable on appeal. State, ex rel. Schmidt, v. Cappeler, 37 Ohio St., 121; State, ex rel. Cook, v. Ottinger, 43 Ohio St., 457, 3 N. E., 298.

Since counsel by brief insist that only an alternative writ was sought from the Court of Appeals, the motion of appellees in this court is sustained and the appeal dismissed.

Appeal dismissed.

Weygandt, C. J., Matthias, Hart, Zimmerman, Bell and Turner, JJ., concur. Williams, J., not participating.

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