State ex rel. Banaszkewycz v. Merrick
State ex rel. Banaszkewycz v. Merrick
Opinion of the Court
Relator filed his motion in the Probate Court, apparently relying on the authority of Section 2729.01, Revised Code, which states:
Thus, the Probate Court had power to grant such motion. The question of whether the motion should be granted was decided by the Probate Court adversely to relator. Its judgment was affirmed. The matter is now res judicata. The writ of mandamus will not lie to grant relator another appeal from that decision. See State, ex rel. Luckhaupt, v. McClelland (1949), 151 Ohio St. 17, 84 N. E. 2d 275.
The demurrer to the petition is sustained and a writ of mandamus is denied.
Writ denied.
Reference
- Full Case Name
- The State, ex rel. Banaszkewycz v. Merrick, Judge, Cuyahoga County Probate Court
- Cited By
- 3 cases
- Status
- Published