Edwards v. Court of Common Pleas of Scioto County

Decision Date23 October 1963
Docket NumberNo. 38065,38065
Citation193 N.E.2d 393,175 Ohio St. 251
Parties, 24 O.O.2d 414 . Supreme Court of Ohio
CourtOhio Supreme Court

Richard L. Eisnaugle, J. Alden Staker, Ernest G. Littleton and Miller, Searl & Fitch, Portsmouth, for relators.

Lowell C. Thompson, Portsmouth, for respondents.

PER CURIAM.

Relators are afforded an adequate remedy by way of appeal. This court will ordinarily, in the exercise of its discretion, deny a writ of prohibition where relator has an adequate remedy in the ordinary course of the law. State, ex rel. Masterson, v. Ohio State Racing Comm., 164 Ohio St. 312, 316, 130 N.E.2d 829. See State, ex rel. Libbey-Owens-Ford Glass Co. v. Industrial Commission, 162 Ohio St. 302, 123 N.E.2d 23.

The demurrer to the petition is sustained and a writ of prohibition denied.

Writ denied.

TAFT, C. J., and ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.

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2 cases
  • State ex rel. Williams v. City of Canton
    • United States
    • Ohio Supreme Court
    • July 13, 1977
    ...273; State, ex rel. Roger J. Au & Son, Inc., v. Studebaker (1963), 175 Ohio St. 222, 193 N.E.2d 84; Edwards v. Court of Common Pleas (1963), 175 Ohio St. 251, 252, 193 N.E.2d 393; State, ex rel. Vitoratos, v. Whiddon (1965), 3 Ohio St.2d 52, 209 N.E.2d 171; State, ex rel. Smith, v. Hoffman ......
  • Harris v. Sweeney, 2004 Ohio 221 (Ohio App. 1/14/2004)
    • United States
    • Ohio Court of Appeals
    • January 14, 2004
    ...has an adequate remedy at law, to wit, a direct appeal to this court from any subsequent conviction. In Edwards v. Court of Common Pleas of Scioto Co. (1963), 175 Ohio St. 251, 252, the Ohio Supreme Court held that relators were not entitled to relief pursuant to a writ of prohibition on th......

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