Jones v. Court of Appeals of Seventh District

11 N.E.2d 1023, 133 Ohio St. 116, 133 Ohio St. (N.S.) 116, 10 Ohio Op. 124, 1937 Ohio LEXIS 147

• Court: Ohio Supreme Court
• Decided: December 22, 1937
• Docket: 26809
• Status: Published

Opinion

By the Court.

Relatrix filed in this court a petition seeking a writ to prohibit the respondent court from appointing a receiver to take possession of, manage and operate the property of relatrix and from making her a party in pursuance of a finding by the respondent court in an action, heard on appeal on questions of law and fact, involving a promissory note, foreclosure of a chattel mortgage and accounting. A demurrer was filed to the petition.

Since the questions of jurisdiction of the person and property or to appoint a receiver can be reviewed on appeal, the demurrer to the petition will be sustained and a writ of prohibition will be denied, as the writ of prohibition is not available as a substitute for a proceeding on appeal. Silliman v. Court of Common Pleas of Williams County, 126 Ohio St., 338, 185 N. E., 420.

Writ denied.

Weygandt, C. J., Matthias, Day, Zimmerman, Williams, Myers and Gorman, JJ., concur.