“Extraordinary remedies * * * are available only when usual forms of procedure are incapable of affording relief”
How later courts described this case
- “Extraordinary remedies * * * are available only when usual forms of procedure are incapable of affording relief”
- “Extraordinary writs may not be employed before trial as a substitute for the remedy of appeal.”
Written by the judges who cited it.
The opinion
HeRBebt, J.,
concurring. I concur, but believe that we could have reached the same result without citing E. C. 2731.10. That statute should not be construed as controlling the exercise of original jurisdiction in mandamus constitutionally granted to Courts of Appeals and this court.