Ohio Supreme Court, 1992

State ex rel. Russell v. Duncan

Ohio Supreme Court · Decided September 2, 1992 · Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

64 Ohio St. 3d 538; 597 N.E.2d 142; 1992 Ohio LEXIS 1914

Cases that cite this one

28 later published cases cite this decision. The 25 that cite it most often are listed here.

State ex rel. McQueen v. Weibling-Holliday (Slip Opinion) (Ohio 2016)
State ex rel. Tax Lien Law Group, L.L.P. v. Cuyahoga Cty. Treasurer (Ohio Ct. App. 2014)
State ex rel. Tax Lien Law Group, L.L.P. v. Cuyahoga Cty. Treasurer (Ohio Ct. App. 2014)
State ex rel. Longacre v. Penton Publishing Co. (Ohio 1997)
State ex rel. Longacre v. Penton Publishing Co. (Ohio 1997)
State ex rel. Bristow v. Windsor (Ohio Ct. App. 2017)
Sine v. Saffold (Ohio Ct. App. 2014)
State Ex Rel. Voleck v. Village of Powhatan Point (Ohio 2010)
Klayman v. Luck, 91897 (9-5-2008) (Ohio Ct. App. 2008)
State Ex Rel. Grahek v. McCafferty, Unpublished Decision (9-11-2006) (Ohio Ct. App. 2006)
City of King City v. Community Bank of Central (Cal. Ct. App. 2005)
Booker v. Christman, Unpublished Decision (6-4-2004) (Ohio Ct. App. 2004)
State Ex Rel. Stacy v. Batavia Local School District Board of Education (Ohio Ct. App. 2004)
Ringel v. Case Western Reserve University, Unpublished Decision (1-16-2003) (Ohio Ct. App. 2003)
Thomas v. Gibbons, Unpublished Decision (9-8-2003) (Ohio Ct. App. 2003)
State Ex Rel. Tierney v. Jamieson, Unpublished Decision (10-25-2001) (Ohio Ct. App. 2001)
Rodgers v. Riley, Unpublished Decision (8-9-2001) (Ohio Ct. App. 2001)
State ex rel. Jackson v. Miller (Ohio 1998)
State ex rel. Jackson v. Miller (Ohio 1998)
State ex rel. Harris v. City of Toledo (Ohio 1995)
State ex rel. Sultaana v. MedCare Ambulance (Ohio Ct. App. 2023)
Newsome v. Wolaver, Unpublished Decision (11-9-2005) (Ohio Ct. App. 2005)
State Ex Rel. Thomas v. Tucker, Unpublished Decision (12-19-2005) (Ohio Ct. App. 2005)
State v. Woio, Unpublished Decision (9-6-2001) (Ohio Ct. App. 2001)
State Ex Rel. Bristow v. the Plain Dealer, Unpublished Decision (12-6-2001) (Ohio Ct.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.

We affirm the judgment of the court of appeals. “Mandamus will not lie to enforce a private right against a private person.” State ex rel. Pressley v. Indus. Comm. (1967), 11 Ohio St.2d 141, 40 O.O.2d 141, 228 N.E.2d 631, paragraph eight of the syllabus. Nor will the writ issue when the relator has an adequate remedy at law. State ex rel. Westchester Estates, Inc. v. Bacon (1980), 61 Ohio St.2d 42, 15 O.O.3d 53, 399 N.E.2d 81.

The court of appeals correctly held that the relationship between the bank and appellant was that of debtor and creditor, a contractual undertaking. See Speroff v. First-Central Trust Co. (1948), 149 Ohio St. 415, 37 O.O. 98, 79 N.E.2d 119, paragraph one of the syllabus, and Cincinnati Ins. Co. v. First *539Natl. Bank (1980), 63 Ohio St.2d 220, 223, 17 O.O.3d 136, 138, 407 N.E.2d 519, 522. Therefore, appellant’s complaint does not state a cause of action against appellee as a private citizen or as a representative of the bank because an action for damages for breach of contract would be an adequate remedy at law.

Accordingly, we affirm the judgment of the court of appeals.

Judgment affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

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