STATE, EX REL. SUMMIT COUNTY CHILD WELFARE BOARD v. LUIDENS

No. 37773.

174 Ohio St. 53 (1962)

THE STATE, EX REL. SUMMIT COUNTY CHILD WELFARE BOARD, v. LUIDENS, COMMR. OF MENTAL HYGIENE.

Supreme Court of Ohio.

Decided December 5, 1962.


Attorney(s) appearing for the Case

Mr. John S. Ballard, prosecuting attorney, and Mr. John D. Smith, for relator.

Mr. Mark McElroy, attorney general, and Mr. William P. Meehan, for respondent.


Per Curiam.

Relator is afforded by a declaratory judgment action a plain and adequate remedy in the ordinary course of the law. In such a case, a writ of mandamus may be denied. State, ex rel. Moran, v. Welling, Dir., 172 Ohio St. 516.

The demurrer is sustained and a writ of mandamus is denied.

Writ denied.

ZIMMERMAN, TAFT, MATTHIAS...

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