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STATE, MORAN v. WELLING

Supreme Court of Ohio.
Dec 20, 1961
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Civil service — Removal from position in classified service — Restoration to position — Mandamus — Not available where adequate remedy by appeal.

Per Curiam.

Relator is afforded an adequate remedy in the ordinary course of the law by way of appeal. A writ of mandamus may be denied where there is a plain and adequate remedy in the ordinary course of the law. State, ex rel. Harris, Chief of Police, v. Haynes, Mayor, 157 Ohio St. 214; State, ex rel. Oliver, v. State Civil Service Comm., 168 Ohio St. 445; State, ex rel. Farmer, v. McCormick, Dir., 171 Ohio St. 530.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and O'NEILL, JJ., concur.