STATE, EX REL. KENDRICK v. MASHETER

No. 38455.

176 Ohio St. 232 (1964)

[THE STATE, EX REL.] KENDRICK, APPELLANT, v. MASHETER, DIRECTOR OF HIGHWAYS, APPELLEE.

Supreme Court of Ohio.

Decided May 13, 1964.


Attorney(s) appearing for the Case

Mr. Donald H. Tishman, for appellant.

Mr. William B. Saxbe, attorney general, Mr. Robert J. Perry and Mr. James E. Rattan, for appellee.


GIBSON, J.

By the express language of Section 2731.05, Revised Code, "the writ of mandamus must not be issued where there is a plain and adequate remedy in the ordinary course of the law." The proposition that where a right of appeal exists there is an adequate remedy at law is too well established to require citation of authorities. The question in this case is whether the relator had a right of appeal from the layoff order.

Although relator in fact pursued...

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