State ex rel. Garrison v. Brough

Citations

• 94 Ohio St. 115
• 113 N.E. 683
• 1916 Ohio LEXIS 169

Syllabus

<p>Writ of prohibition — Purpose and scope — Confined to jurisdictional questions — Injunction — Title to and possession of public office.</p> <p>1. The writ of prohibition is an extraordinary legal remedy whose object is to prevent a court or tribunal of peculiar, limited or inferior power from assuming jurisdiction of a matter beyond its cognizance. The writ cannot be made to serve the purpose of a writ of error to correct mistakes of the lower court in deciding questions of law within its jurisdiction.</p> <p>2. The power to award writs of prohibition having been conferred on this court by the constitution, and that instrument having provided that no law shall be passed or rule made whereby any person shall be prevented from invoking the original jurisdiction of this court, the power will always be exercised where it clearly appears that a court or tribunal whose action is sought to be prohibited has no jurisdiction of the cause or is about to exceed its jurisdiction.</p> <p>3. The remedy by injunction cannot be employed to try the title to a public office, but it may be resorted to by one in possession of a public office, under color of title, to protect his possession against the interference of an adverse claimant whose title is in dispute until the latter shall establish his title by law. (Reemelin v. Mosby, 47 Ohio St., 570, approved and followed.)</p>