State ex rel. Central Stores Co. v. Maiden

162 Ohio St. (N.S.) 167
CourtOhio Supreme Court
DecidedOctober 27, 1954
DocketNo. 34092
StatusPublished

This text of 162 Ohio St. (N.S.) 167 (State ex rel. Central Stores Co. v. Maiden) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Central Stores Co. v. Maiden, 162 Ohio St. (N.S.) 167 (Ohio 1954).

Opinion

Per Curiam.

The motion to attach the answer and cross-petition to the petition in prohibition is allowed and it is unnecessary to pass on the motion to dismiss the petition inasmuch as the court is disposing of- the ease on the demurrer.

[169]*169The determinative question presented is whether, under the facts, the company is entitled to a writ of prohibition. The writ will ordinarily be awarded where there is no other adequate remedy and will not be awarded as a substitute for appeal or to prevent an anticipated erroneous judgment. State, ex rel. Winnefeld, v. Court of Common Pleas, 159 Ohio St., 225, 112 N. E. (2d), 27.

The demurrer to the petition is sustained and the writ is denied.

Writ denied.

Weygandt, O. J., Middleton, Taet, Hart, Zimmerman, Stewart and Lamneck, JJ., concur.

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Bluebook (online)
162 Ohio St. (N.S.) 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-central-stores-co-v-maiden-ohio-1954.