Opinion
No. 77-634
Decided November 16, 1977.
Mandamus — Not available, when — Appeal proper remedy.
APPEAL from the Court of Appeals for Ross County.
This is an appeal as of right from the dismissal of a complaint for a writ of mandamus by the Court of Appeals.
Appellant's mandamus action, filed below on November 30, 1976, alleges that appellees were required to file a return of writ, rather than a motion to dismiss, in response to an action in habeas corpus previously filed by appellant in the Court of Common Pleas of Ross County. Appellant seeks an order directing appellees to "show legal cause in writing why they should not be punished for violation of O.R.C. 2725.22" in the habeas corpus action.
Mr. Robert L. Lippert, pro se. Mr. William J. Brown, attorney general, and Mr. Dennis L. Sipe, for appellees.
Mandamus is not available where appellant has a plain and adequate remedy in the ordinary course of the law by way of appeal. See State, ex rel. Pressley, v. Indus. Comm. (1967), 11 Ohio St.2d 141; State, ex rel. Woodbury, v. Spitler (1974), 40 Ohio St.2d 1; State, ex rel. Racine, v. Dull (1975), 44 Ohio St.2d 72; and In re Singer (1976), 45 Ohio St.2d 130.
The judgment of the Court of Appeals, dismissing the complaint, is therefore affirmed.
Judgment affirmed.
O'NEILL, C.J., HERBERT, CELEBREZZE, W. BROWN, P. BROWN, SWEENEY and LOCHER, JJ., concur.