STATE, EX REL. LUKE v. CORRIGAN

No. 79-1092.

61 Ohio St. 2d 86 (1980)

THE STATE, EX REL. LUKE ET AL., APPELLANTS, v. CORRIGAN, PROS. ATTY., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided January 23, 1980.


Attorney(s) appearing for the Case

Messrs. Dachman & Dachman and Mr. Jerome M. Dachman, for appellants.

Mr. John T. Corrigan, prosecuting attorney, and Mr. George J. Sadd, for appellees.


Per Curiam.

The issue herein is whether appellants have an adequate remedy at law by way of replevin for the return of their personal property obtained in connection with a regularly issued search warrant, where some of the property taken was not specified in the warrant.

Appellants argue that replevin is not an adequate remedy because under R. C. 1919.01(D) an affidavit is necessary which requires a statement, inter alia, "[t]hat such property...

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