State ex rel. Smith v. Hoffman

Ohio Supreme Court July 7, 1965

State ex rel. Smith v. Hoffman, 3 Ohio St. 2d 95 (Ohio 1965)

209 N.E.2d 214; 32 Ohio Op. 2d 65; 1965 Ohio LEXIS 454

Brown, Herbert, Matthias, Neill, Schneider, Taft, Zimmerman

Opinion of the Court

Per Curiam.

This court in its discretion will ordinarily

refuse to issue a writ of mandamus where relator has an adequate remedy in the ordinary course of the law. State, ex rel. Libbey-Owens-Ford Glass Co., v. Industrial Commission, 162 Ohio St. 302. Relator may bring an action at law against the city in the Court of Common Pleas to recover the compensation he alleges that he is entitled to for official services rendered to the municipal corporation. Gobrecht v. Cincinnati, 51 Ohio St. 68.

Writ denied.

Taft, C. J., Zimmerman, Matthias, O’Neill, Herbert, Schneider and Brown, JJ., concur.

Reference

Full Case Name: The State, ex rel. Smith v. Hoffman, Auditor
Cited By: 1 case
Status: Published