State ex rel. Adams v. Rockwell
| Decision Date | 30 October 1957 |
| Docket Number | No. 35188,35188 |
| Citation | 167 Ohio St. 15,145 N.E.2d 665 |
| Parties | , 3 O.O.2d 433 The STATE ex rel. ADAMS et al. v. ROCKWELL et al., Members of Board of Education of Minford Local School District, Scioto County. |
| Court | Ohio Supreme Court |
M. M. Carlisle, Jackson, for relators.
Everett Burton, Jr., Pros. Atty., Portsmouth, for respondents.
Section 2731.05, Revised Code, provides that 'the writ of mandamus must not be issued where there is a plain and adequate remedy in the ordinary course of the law.'
This court has held in State ex rel. Libbey-Owens-Ford Glass Co. v. Industrial Commission, 162 Ohio St. 302, 123 N.E.2d 23, 24, that, 'before a writ of mandamus will be granted by the Supreme Court under its constitutional powers as contained in Section 2 of Article IV of the Ohio Constitution, a clear legal right thereto must be shown, and the burden of establishing such right is upon the relator'; and that 'a writ of mandamus will ordinarily be refused by the Supreme Court under its constitutional powers unless the relator shows affirmatively that there is no plain and adequate remedy in the ordinary course of the law, including equitable remedies.' (Emphasis supplied.)
The demurrer to the petition is sustained on the sole ground that there is another adequate ordinary remedy by way of injunction, and the petition is dismissed.
Demurrer sustained and petition dismissed.
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...St. 302, 123 N.E.2d 23. Likewise, this rule supports and requires the result which was reached in State ex rel. Adams v. Rockwell et al., Bd. of Edn. (1957), 167 Ohio St. 15, 145 N.E.2d 665, and State ex rel. Roger J. Au and Son, Inc. v. Studebaker et al., Commrs. (1963), 175 Ohio St. 222, ......
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...464, 83 N.E.2d 226; State ex rel. Hepperla v. Glander, Tax Commr., 160 Ohio St. 59, 113 N.E.2d 357; State ex rel. Adams v. Rockwell et al., Board of Edn., 167 Ohio St. 15, 145 N.E.2d 665; State ex rel. Schafer v. Citizens National Bank of Ironton, 168 Ohio St. 535, 156 N.E.2d 747; State ex ......
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Channel 10, Inc. v. Independent School Dist. No. 709, St. Louis County
...meetings in violation of an open meeting law can be enjoined without an enabling provision in the statute. State ex rel. Adams v. Rockwell, 167 Ohio St. 15, 145 N.W.2d 665 (1957). We hold that injunctive relief is an appropriate remedy in this case but have misgivings about the extent of th......
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