STATE, EX REL. RATLIFF v. MARSHALL, JUDGE

No. 72-42.

30 Ohio St. 2d 101 (1972)

THE STATE, EX REL. RATLIFF ET AL., APPELLANTS, v. MARSHALL, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided May 10, 1972.


Attorney(s) appearing for the Case

Messrs. Ahern, Butler, Cincione & Dicuccio and Mr. William J. Ahern, for appellants.

Mr. George C. Smith, prosecuting attorney, and Mr. David H. Bodiker, for appellee.

Messrs. Wright, Harlor, Morris & Arnold, Mr. Earl F. Morris and Mr. James E. Pohlman, for intervenor.


Per Curiam.

Procedendo is a high prerogative writ of an extraordinary nature. It is an order from a court of superior jurisdiction to proceed to judgment and does not lie to control or interfere with ordinary court procedure. Procedendo does not lie where, as here, there is no clear legal right to such relief.

Moreover, even if relators' complaint is considered to be in mandamus, that remedy is not available where there is an adequate remedy in the...

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