State ex rel. Stine v. McCaw, No. 27626.
| Court | United States State Supreme Court of Ohio |
| Writing for the Court | HART |
| Citation | 136 Ohio St. 41,23 N.E.2d 631 |
| Parties | STATE et rel. STINE v. McCAW et al. |
| Decision Date | 15 November 1939 |
| Docket Number | No. 27626. |
136 Ohio St. 41
23 N.E.2d 631
STATE et rel. STINE
v.
McCAW et al.
No. 27626.
Supreme Court of Ohio.
Nov. 15, 1939.
Mandamus proceeding by the State, on the relation of one Stine, against Thomas W. McCaw and others and against Carl W. Smith and another, to compel Thomas W. McCaw and others to restore the relatrix to her former position and to require Carl W. Smith and another to discontinue the incumbency of a provisional appointee to the position in question, and to require respondents to disapprove payment of salary to such provisional employee. On demurrers of respondents.-[Editorial Statement.]
Demurrers sustained.
[23 N.E.2d 631]
1. When, in a mandamus action, the complaint made and relief sought against certain respondents are not identical with the complaint made and relief sought against other respondents, there is a misjoinder of causes of action and of parties respondent.
2. Since the Supreme Court does not have original jurisdiction in injunction, mandatory injunctive relief will not be granted by that court through an action in mandamus.
In this action the relatrix seeks, by a writ of mandamus, to require the respondents, Thomas W. McCaw, as Chief of the Division of Aid for the Aged, and Charles L. Sherwood, as Director of Public Welfare, to restore her to her former position of supervisor grade 3-B, in that division, which is within the classified service of the state of Ohio and from which she had been discharged; to restore her to her salary in such position; and to require the respondents, Carl W. Smith and Ralph W. Emmons, as members of the state Civil Service Commission, to discontinue the incumbency of one Elinor Hixenbaugh, a provisional appointee who, it is claimed, is performing the duties formerly assigned to and performed by the relatrix; and to require respondents to disapprove payment of the salary of such provisional employee performing the duties of the position in question.
The issues to be determined by this court are presented by an amended petition filed by the relatrix and a demurrer thereto filed by the respondents McCaw and Sherwood on the grounds of misjoinder of parties respondent and misjoinder of causes of action; and a demurrer to the amended petition by the respondents Smith and Emmons on the grounds, among others, that there is a misjoinder of parties respondent; that separate causes of action against several respondents are improperly joined; and that the amended petition does not...
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State ex rel. Pressley v. Industrial Commission, No. 40506
...of Appeals has original jurisdiction in injunction the action must be dismissed for want of jurisdiction. (State ex rel. Stine v. McCaw, 136 Ohio St. 41, 23 N.E.2d 631; State ex rel. v. Hahn, 50 Ohio St. 714, 35 N.E. 1052; State ex rel. Libbey-Owens-Ford Glass Co. v. Industrial Commission, ......
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State ex rel. Finkbeiner v. Lucas Cty. Bd., No. 2009-1147.
...original jurisdiction to issue injunctive relief. Section 2(B), Article IV, Ohio Constitution; State ex rel. Stine v. McCaw (1939), 136 Ohio St. 41, 15 O.O. 538, 23 N.E.2d 631, paragraph two of the syllabus. {¶ 45} In Tatman, the election was almost seven months away when the board denied r......
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Barnes v. City of Cleveland Div. of Records Admin., No. 109682
...relief. State ex rel. Pressley v. Indus. Comm. , 11 Ohio St.2d 141, 150, 228 N.E.2d 631 (1967), citing State ex rel. Stine v. McCaw , 136 Ohio St. 41, 44, 23 N.E.2d 631 (1939).4 Instead, the court, on April 14, 2020, sua sponte issued an alternative writ directing the city to preserve the r......
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State ex rel. Cullinan v. Board of Elections of Portage County
...stated facts where the real object was mandatory injunction, and the writ accordingly denied, such as State, ex rel. Stine v. McCaw, 136 Ohio St. 41, 23 N.E.2d 631; State, ex rel. Penn Mutual Ins. Co., v. Hahn, 50 Ohio St. 714, 35 N.E. 1052; State, ex rel. Libbey-Owens-Ford Glass Co., v. In......
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State ex rel. Pressley v. Industrial Commission, No. 40506
...of Appeals has original jurisdiction in injunction the action must be dismissed for want of jurisdiction. (State ex rel. Stine v. McCaw, 136 Ohio St. 41, 23 N.E.2d 631; State ex rel. v. Hahn, 50 Ohio St. 714, 35 N.E. 1052; State ex rel. Libbey-Owens-Ford Glass Co. v. Industrial Commission, ......
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State ex rel. Finkbeiner v. Lucas Cty. Bd., No. 2009-1147.
...original jurisdiction to issue injunctive relief. Section 2(B), Article IV, Ohio Constitution; State ex rel. Stine v. McCaw (1939), 136 Ohio St. 41, 15 O.O. 538, 23 N.E.2d 631, paragraph two of the syllabus. {¶ 45} In Tatman, the election was almost seven months away when the board denied r......
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Barnes v. City of Cleveland Div. of Records Admin., No. 109682
...relief. State ex rel. Pressley v. Indus. Comm. , 11 Ohio St.2d 141, 150, 228 N.E.2d 631 (1967), citing State ex rel. Stine v. McCaw , 136 Ohio St. 41, 44, 23 N.E.2d 631 (1939).4 Instead, the court, on April 14, 2020, sua sponte issued an alternative writ directing the city to preserve the r......
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State ex rel. Cullinan v. Board of Elections of Portage County
...stated facts where the real object was mandatory injunction, and the writ accordingly denied, such as State, ex rel. Stine v. McCaw, 136 Ohio St. 41, 23 N.E.2d 631; State, ex rel. Penn Mutual Ins. Co., v. Hahn, 50 Ohio St. 714, 35 N.E. 1052; State, ex rel. Libbey-Owens-Ford Glass Co., v. In......