Ohio Supreme Court, 1966

State ex rel. Bingham v. Riley

Ohio Supreme Court · Decided June 15, 1966 · Beb, Brown, Heb, Matthias, Neill, Schneider, Taft, Zimmerman

6 Ohio St. 2d 263; 217 N.E.2d 874; 35 Ohio Op. 2d 424; 1966 Ohio LEXIS 380

Cases that cite this one

19 later published cases cite this decision.

State ex rel. Rose v. Ohio Department of Rehabilitation & Correction (Ohio 2001)
State ex rel. Rose v. Ohio Dept. of Rehab. & Corr. (Ohio 2001)
State ex rel. Jones v. Preferred, Inc. (Ohio 2000)
State ex rel. Jones v. Preferred, Inc. (Ohio 2000)
State ex rel. Bush v. Spurlock (Ohio 1992)
Lane v. Pickerington (Ohio Ct. App. 2011)
State ex rel. Casale v. McLean (Ohio 1991)
State ex rel. Witsamen v. Maumee Valley Guidance Center, Inc. (Ohio 1983)
State ex rel. Pennington v. Ross (Ohio 1980)
State ex rel. Mun. Constr. Equip. Operators' Labor Council v. Cleveland (Ohio Ct. App. 2013)
Graham v. Klingshirn, Unpublished Decision (12-20-2000) (Ohio Ct. App. 2000)
Wade v. City of Cleveland (Ohio Ct. App. 1982)
Nayman v. Kilbane (Ohio 1982)
State ex rel. Henderson v. Maple Heights Civil Service Commission (Ohio 1980)
Scott v. Reinier (Ohio 1979)
Charles Pollock & Sons, Inc. v. City of Cleveland (Ohio 1979)
In re Stanley (Ohio Ct. App. 1978)
State ex rel. Ogan v. Teater (Ohio 1978)
State ex rel. Stough v. Bd. of Edn. of the Norton City School Dist. (Ohio 1977)

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

Per Curiam.

The petition states unequivocally that the decision of the State Personnel Board of Review directed the respondent to restore the relators to their positions retroactive to the date of termination; that respondent has failed to comply with that decision; and that the respondent did not appeal from the judgment of the Court of Common Pleas dismissing the appeal from the board. There being no timely appeal from the decision of the board or from the judgment of the Court of Common Pleas, the matter is res judicata. Neither the decision of the board nor the judgment of the court is subject to collateral attack.

The judgment of the Court of Appeals is reversed, and the cause is remanded with directions to overrule the demurrer and allow the writ. State, ex rel. Jones, v. Ward, Dir., 177 Ohio St. 89.

Judgment reversed.

Taft, C. J., Zimmerman, Matthias, 0’Neill, Heb,beb.t, Schneider and Brown, JJ., concur.

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