State ex rel. Berry v. Cushing

Citations

• 35 Ohio C.C. Dec. 147
• 25 Ohio C.C. (n.s.) 11

Syllabus

<p>PROHIBITION</p> <p>1. Writ of Prohibition Resorted to Prevent Unauthorized, Injurious Quasi or Unlawful Judicial Power.</p> <p>The remedy provided by writ of prohibition is for the purpose of restraining the exercise of unlawful judicial power. Resort may be had to this remedy only when there is some officer or person who is about to exercise judicial or quasi judicial power, which is unauthorized, and will result in injury, and against which action no other adequate remedy exists.</p> <p>2. Writ of Prohibition Denied Against Common Pleas Judge About to Exercise Jurisdiction of Appeal from Municipal Court. But inasmuch as the . common pleas court has jurisdiction to entertain an appeal from an order by the municipal court overruling a motion to disolve an attachment, a writ of prohibition does not lie against a judge about to exercise such jurisdiction.</p>