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THE STATE, EX REL. BLACKBURN v. COURT OF APPEALS FOR BELMONT COUNTY ET AL.

Mandamus — Writ not substitute for appeal.

BY THE COURT.

This case is before the court on demurrer to a petition in mandamus filed originally in this court, by which relator seeks a remedy available by appeal. A writ of mandamus may not be invoked as a substitute for the remedy of appeal.

The demurrer is sustained and the writ denied.

Writ denied.

WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.

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THE STATE, BLACKBURN v. CABC
(Jan 17, 1951)