STATE EX REL. BARGAR v. ROSS.

No. 77-609.

53 Ohio St. 2d 18 (1978)

THE STATE, EX REL. BARGAR, APPELLANT, v. ROSS, EXECUTIVE DIRECTOR, APPELLEE.

Supreme Court of Ohio.

Decided January 18, 1978.


Attorney(s) appearing for the Case

Mr. Ralph A. Bargar, pro se.

Mr. William J. Brown, attorney general, and Mr. Richard D. Letts, for appellee.


Per Curiam.

R. C. 2731.05 provides that "[t]he writ of mandamus must not be issued when there is a plain and adequate remedy in the ordinary course of the law." In this cause, appellant has exhausted his "plain and adequate remedy in the ordinary course of the law" and attempts to substitute an action in mandamus for an otherwise barred second appeal.

This court stated in State, ex rel. Shively, v. Nicholas (1949), 151 Ohio St. 179, at...

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