State ex rel. Vitoratos v. Gross, 70-303

Decision Date24 September 1970
Docket NumberNo. 70-303,70-303
Citation24 Ohio St.2d 22,53 O.O.2d 12,262 N.E.2d 864
Parties, 53 O.O.2d 12 The STATE ex rel. VITORATOS v. GROSS, Clerk.
CourtOhio Supreme Court

William Vitoratos, in pro. per.

David D. Dowd, Jr., Pros. Atty., Clay E. Hunter and J. Whitney Ake, Canton, for respondent.

PER CURIAM.

Relator seeks by this mandamus action to compel respondent, Clerk of the Canton Municipal Court, to sell relator a certified copy of the original affidavit of complaint filed against him. The pleadings disclose that the clerk has not refused to furnish the copy requested, but that he does not have the document in his possession. Therefore, respondent's motion to dismiss relator's petition is sustained.

Petition dismissed.

O'NEILL, C. J., and LEACH, SCHNEIDER, HERBERT, DUNCAN, CORRIGAN and STERN, JJ., concur.

LEACH, J., of the Tenth Appellate District, sitting for MATTHIAS, J.

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5 cases
  • Reisig v. Camarato
    • United States
    • Ohio Court of Appeals
    • June 3, 1996
    ... ... Charter, Article III, Section which supersedes the state statutes in view of the Ohio Constitution, Article XVIII, ... State ex rel. Battin v. Bush (1988), 40 Ohio St.3d 236, 238-239, 533 ... ...
  • State ex rel. Verhovec v. City of Marietta, Case No. 12CA32
    • United States
    • Ohio Court of Appeals
    • December 4, 2013
    ...control. State ex rel. Striker v. Smith, 129 Ohio St.3d 168, 2011-Ohio-2878, 950 N.E.2d 952, ¶ 28, citing State ex rel. Vitoratos v. Gross, 24 Ohio St.2d 22, 23, 262 N.E.2d 864 (1970), and State ex rel. Bradley v. Shannon, 24 Ohio St.2d 115, 116, 265 N.E.2d 260 (1970). Moreover, there is no......
  • The State Ex Rel. Striker v. Smith
    • United States
    • Ohio Supreme Court
    • June 21, 2011
    ...clerk did not have any duty to provide Striker with copies of records that he did not possess. See State ex rel. Vitoratos v. Gross (1970), 24 Ohio St.2d 22, 23, 53 O.O.2d 12, 262 N.E.2d 864; State ex rel. Bradley v. Shannon (1970), 24 Ohio St.2d 115, 116, 53 O.O.2d 307, 265 N.E.2d 260 (“Th......
  • State ex rel. Annable v. Stokes
    • United States
    • Ohio Supreme Court
    • September 24, 1970
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