State ex rel. Phelps v. Gearheart

Citations

• 104 Ohio St. (N.S.) 422

Syllabus

<p>Mandamus — Writ not to issue, when — Adequate remedy by law— 'Validity of license by state superintendent of insurance— Quo warranto proper remedy.</p> <p>1. An action in mandamus will not lie where the employment of the writ does not give a full and complete remedy, or in a case where the law affords another remedy specifically securing the enforcement of a right or the correction bf the wrongs complained of.</p> <p>2. In order to test the validity of a license issued to án insurance company, which, in conseauence thereof, is exercising a franchise or privilege claimed to he in contravention of law, quo warranto furnishes a specific remedy. In such ain action the writ would issue in a single suit wherein the offending company is a party and where the judgment rendered would hind the real party in interest.</p>