
    The State, ex rel. McCamey, Appellant, v. Court of Common Pleas of Cuyahoga County et al., Appellees.
    
      (No. 28243
    Decided January 29, 1941.)
    
      
      Mr. Martin J. Monahen, for appellant.
    
      Mr. Frank CulUtan, prosecuting attorney, for appellees.
   By The Court.

The writ of mandamus will not issue to control judicial discretion or where there is a plain and adequate remedy in the ordinary course of law by appeal. Sections 12285 and 12287, General Code; State, ex rel. Jaster, Jr., Dir. of Highways, v. Kautz, Judge, 131 Ohio St., 103, 2 N. E. (2d), 1.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Weygandt, C. J., Turner, Williams, Matthias, Hart, Zimmerman and Bettman, JJ., concur.  