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State ex rel. Hampton v. Manos

[The State, ex rel.] Hampton v. Manos, Chief Justice

State ex rel. Hampton v. Manos, 304 N.E.2d 597 (Ohio 1973)
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Court
Ohio Supreme Court · State Highest Courts
Decided
December 12, 1973
Docket
No. 73-746
Judges
Brown, Celebrezze, Corrigan, Herbert, Neill, Stern
Citations
304 N.E.2d 59736 Ohio St. 2d 14165 Ohio Op. 2d 3391973 Ohio LEXIS 294

Opinion of the Court

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Per Curiam.

Relator’s sole contention is that he is unable to appear in the action pending in the Court of Appeals and defend in person and with counsel. He does not allege that he has made any effort to intervene in the Court of Appeals or been denied any participation by that court in the case.

Prohibition lies only where there is no other regular, ordinary and adequate remedy available to- relator. State, ex rel. Nolan, v. ClenDening (1915), 93 Ohio St. 264 .

Relator’s complaint does not state a claim for which relief by prohibition may be granted. Therefore, respondent’s motion to dismiss is sustained and the writ of prohibition is denied.

Writ denied.

O’Neill, C. J., Herbert, Corrigan, Stern, Celebrezze, W. Brown and P. Brown, JJ., concur.

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