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STATE, EX REL. LORAIN COUNTY SAVINGS & TRUST CO. v. COUNTY COMMRS.

No. 36365.

171 Ohio St. 306 (1960)

THE STATE, EX REL. LORAIN COUNTY SAVINGS & TRUST CO. ET AL., APPELLANTS, v. BOARD OF COUNTY COMMISSIONERS OF LORAIN COUNTY, APPELLEE.

Supreme Court of Ohio.

Decided November 16, 1960.

Attorney(s) appearing for the Case

Messrs. Fauver & Fauver, for appellants.

Mr. Paul J. Mikus, prosecuting attorney, and Mr. Andrew J. Warhola, for appellee.

Per Curiam.

Was the Court of Appeals in error in holding that the petition is subject to demurrer?

Section 2731.05, Revised Code, provides that "the writ of mandamus must not be issued when there is a plain and adequate remedy in the ordinary course of the law." This principle was recognized in State, ex rel. Libbey-Owens-Ford Glass Co., v. Industrial Commission, 162 Ohio St. 302, where it is stated...

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