Opinion
No. 39427
Decided July 7, 1965.
Mandamus — Writ refused — Adequate remedy in ordinary course of law — Recovery of compensation for official services rendered.
IN MANDAMUS.
This is an action in mandamus originating in this court. Relator, Grant L. Smith, as recreation director, seeks an order compelling respondent, Thomas Hoffman, auditor of the city of Mansfield, to pay relator his salary as recreation director. The case is presently before the court on the motions of both parties for summary judgment.
Mr. H.M. Rust, for relator.
Mr. Robert K. Rath, city solicitor, for respondent.
This court in its discretion will ordinarily refuse to issue a writ of mandamus where relator has an adequate remedy in the ordinary course of the law. State, ex rel. Libbey-Owens-Ford Glass Co., v. Industrial Commission, 162 Ohio St. 302. Relator may bring an action at law against the city in the Court of Common Pleas to recover the compensation he alleges that he is entitled to for official services rendered to the municipal corporation. Gobrecht v. Cincinnati, 51 Ohio St. 68.
Writ denied.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.