State ex rel. Oatley v. Athens County Clerk
Ohio Supreme Court
State ex rel. Oatley v. Athens County Clerk, 69 Ohio St. 2d 257 (Ohio 1982)
431 N.E.2d 682
Brown, Celebrezze, Holmes, Krupansky, Locher, Sweeney
State ex rel. Oatley v. Athens County Clerk
Opinion of the Court
In dismissing appellant’s complaint for a writ of mandamus, the Court of Appeals held that mandamus will not lie because appellant has an adequate remedy at law. We agree.
Local Rule 3 of the Rules of Practice of the Court of Common Pleas of Athens County provides, in part:
“Unless a Poverty Affidavit is filed, a deposit * * * is required as security for costs * * * .
“No complaint will be accepted for filing by the clerk where the party seeking the filing of said action has failed to pay costs previously incurred, unless costs are waived due to indigency of the party.” (Emphasis added.)
Accordingly, the judgment of the Court of Appeals is affirmed.
Judgment affirmed.
Reference
- Full Case Name
- [The State, ex rel.] Oatley v. Athens County Clerk of Common Pleas
- Cited By
- 5 cases
- Status
- Published