96 N.E.2d 297
No. 32401Supreme Court of Ohio.
Decided January 17, 1951.
Mandamus — Writ not substitute for appeal.
IN MANDAMUS.
Mr. Sidney Reaven, for relator.
Mr. William H. Irvin, prosecuting attorney, for respondent Howard Dunfee, clerk of courts.
BY THE COURT.
This case is before the court on demurrer to a petition in mandamus filed originally in this court, by which relator seeks a remedy available by appeal. A writ of mandamus may not be invoked as a substitute for the remedy of appeal.
The demurrer is sustained and the writ denied.
Writ denied.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.
Page 465