Opinion

State ex rel. Russell v. Duncan

  • 64 Ohio St. 3d 538
  • 597 N.E.2d 142
  • 1992 Ohio LEXIS 1914
Court
Ohio Supreme Court
Filed
Sep 2, 1992
Status
Published
On the bench
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
Cited by
28 cases
Authority
More cited than 90.8%

affirming sua sponte dismissal of mandamus action based on, inter alia, the presence of an adequate remedy at law via an action for damages for breach of contract

How later courts described this case

  • affirming sua sponte dismissal of mandamus action based on, inter alia, the presence of an adequate remedy at law via an action for damages for breach of contract
  • affirming dismissal of mandamus action based on, inter alia, the presence of an adequate remedy at law via an action for breach of contract

Written by the judges who cited it.

The opinion

Per Curiam.

We affirm the judgment of the court of appeals. “Mandamus will not lie to enforce a private right against a private person.” State ex rel. Pressley v. Indus. Comm. (1967), 11 Ohio St.2d 141 , 40 O.O.2d 141 , 228 N.E.2d 631 , paragraph eight of the syllabus. Nor will the writ issue when the relator has an adequate remedy at law. State ex rel. Westchester Estates, Inc. v. Bacon (1980), 61 Ohio St.2d 42 , 15 O.O.3d 53 , 399 N.E.2d 81 .

The court of appeals correctly held that the relationship between the bank and appellant was that of debtor and creditor, a contractual undertaking. See Speroff v. First-Central Trust Co. (1948), 149 Ohio St. 415 , 37 O.O. 98 , 79 N.E.2d 119 , paragraph one of the syllabus, and Cincinnati Ins. Co. v. First *539 Natl. Bank (1980), 63 Ohio St.2d 220, 223 , 17 O.O.3d 136, 138 , 407 N.E.2d 519, 522 . Therefore, appellant’s complaint does not state a cause of action against appellee as a private citizen or as a representative of the bank because an action for damages for breach of contract would be an adequate remedy at law.

Accordingly, we affirm the judgment of the court of appeals.

Judgment affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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