Ohio Supreme Court, 1945

State Ex Rel. Cook v. Court of Common Pleas

Ohio Supreme Court · Decided February 7, 1945 · Weygandt, Zimmerman, Bell, Williams, Turner, Matthias, Hart

59 N.E.2d 376; 144 Ohio St. 461; 144 Ohio St. (N.S.) 461; 30 Ohio Op. 46; 1945 Ohio LEXIS 483 (North Eastern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

State Ex Rel. Ticknor v. Randall (Ohio 1949)
State Ex Rel. Dunphy v. Graham (Ohio 1946)

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

*463 By the Court.

The relator seeks by writ of mandamus ail order to strike the nunc pro tunc entry from the files. That writ “cannot control judicial discretion” (Section 12285, General Code) and the writ “must not be issued in a case where there is a plain and adequate remedy in the ordinary course of the law” (Section 12287, General Code). The Court of Common Pleas exercised its judicial discretion in entering the nunc pro tunc order and the relator has a plain and adequate remedy by appeal. State, ex rel. McCamey, v. Court of Common Pleas, 137 Ohio St., 566, 31 N. E. (2d), 683.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Weygandt, C. J., Zimmerman, Bell, Williams, Turner, Matthias and Hart, JJ., concur.

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