Opinion
No. 28243
Decided January 29, 1941.
Mandamus — Writ not issued to control judicial discretion or where appeal available — Sections 12285 and 12287, General Code — Workmen's compensation — Contracts between claimants and attorneys.
APPEAL from the Court of Appeals of Cuyahoga county.
In McCamey v. Payer, 135 Ohio St. 660, 22 N.E.2d 127, this court reversed the judgments of the Court of Common Pleas and the Court of Appeals and remanded the cause to the Court of Common Pleas for further proceedings not inconsistent with that opinion.
After the cause was remanded to the Court of Common Pleas Mrs. McCamey filed a motion in that court for judgment in her favor, which motion was overruled. She then filed in this court a motion to direct the Court of Common Pleas to enter judgment against Payer in accordance with the judgment and mandate of this court, which motion was overruled.
Thereafter Mrs. McCamey instituted a proceeding in mandamus in the Court of Appeals to compel the Court of Common Pleas and the judges thereof to enter judgment in her favor in accordance with the decision of this court. The Court of Appeals dismissed the petition in mandamus.
Appeal was prosecuted to this court as of right upon the ground that the proceeding in mandamus originated in the Court of Appeals.
Mr. Martin J. Monahen, for appellant.
Mr. Frank Cullitan, prosecuting attorney, for appellees.
The writ of mandamus will not issue to control judicial discretion or where there is a plain and adequate remedy in the ordinary course of law by appeal. Sections 12285 and 12287, General Code; State, ex rel. Jaster, Jr., Dir. of Highways, v. Kautz, Judge, 131 Ohio St. 103, 2 N.E.2d 1.
The judgment of the Court of Appeals is affirmed.
Judgment affirmed.
WEYGANDT, C.J., TURNER, WILLIAMS, MATTHIAS, HART, ZIMMERMAN and BETTMAN, JJ., concur.