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MALONEY v. SACKS

No. 37042.

173 Ohio St. 237 (1962)

MALONEY, APPELLANT, v. SACKS, WARDEN, APPELLEE.

Supreme Court of Ohio.

Decided March 21, 1962.

Attorney(s) appearing for the Case

Mr. Rolland Maloney, in propria persona.

Mr. Mark McElroy, attorney general, and Mr. Aubrey A. Wendt, for appellee.

Per Curiam.

This action was not brought in conformity with Section 2731.04, Revised Code, which requires that an "application for the writ of mandamus must be by petition, in the name of the state on the relation of the person applying." Gannon v. Gallagher, Dir., 145 Ohio St. 170.

Appellant was removed from the penitentiary to the Allen County jail under one of the exceptions named in Section 2725.24, Revised Code, thus relieving...

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