Opinion
No. 38266
Decided June 30, 1965.
Mandamus — Remedy not available, when — Adequate remedy in ordinary course of law — Recovery of personal property.
IN MANDAMUS.
This is an action in mandamus originating in this court. Relator, William Vitoratos, seeks to compel respondent, the chief of police of the city of Akron, to return to him certain items allegedly removed from a car in possession of relator at the time of his arrest in March 1959.
Mr. William Vitoratos, in propria persona. Mr. James Barbuto, director of law, and Miss Mary Cacioppo, for respondent.
If, as relator contends, respondent has property belonging to relator, relator may recover such property in an action of replevin. In the exercise of its discretion, this court will ordinarily refuse 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.
Writ denied.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.