Ohio Supreme Court, 1980

State ex rel. Davies v. City of Elyria

Ohio Supreme Court · Decided June 25, 1980 · Brown, Celebrezze, Herbert, Holmes, Locher, Sweeney

62 Ohio St. 2d 443; 406 N.E.2d 531; 16 Ohio Op. 3d 460; 1980 Ohio LEXIS 794

Cases that cite this one

4 later published cases cite this decision.

Davis v. State Personnel Board of Review (Ohio Ct. App. 1984)
State Ex Rel. Newberry v. O'neill, Unpublished Decision (9-1-2004) (Ohio Ct. App. 2004)
State, Ex Rel. Fontaine v. Hanover Bd, Trustees (Ohio Ct. App. 1984)
State Ex Rel Harman v. Durkin, Unpublished Decision (5-18-2001) (Ohio Ct. App. 2001)

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.

“ * * *One remedy at law is the right of appeal. ***[T] he relatrix did avail herself of this remedy***. The fact that relatrix was unsuccessful in that appeal does not entitle her to substitute a writ of mandamus as an indirect means of perfecting a second appeal.” State, ex rel. Shively, v. Nicholas (1949), 151 Ohio St. 179, 181; see, also, State, ex rel. Bargar, v. Ross (1978), 53 Ohio St. 2d 18, 19. Similarly, appellant, pursuant to R. C. 124.34, perfected appeals to the civil service commission and to the Court of Common Pleas. However, appellant failed to use this same statutory right of appeal in the Court of Appeals. Rather, appellant inappropriately brought an action in mandamus when an adequate legal remedy existed under R. C. 124.34.

Therefore, the Court of Appeals properly denied the requested writ, and its judgment is hereby affirmed.

Judgment affirmed.

Celebrezze, C. J., Herbert, W. Brown, P. Brown, Sweeney, Locher and Holmes, JJ., concur.

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