State ex rel. Ohio AFL-CIO v. Industrial Commission
This text of 391 N.E.2d 315 (State ex rel. Ohio AFL-CIO v. Industrial Commission) 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.
Opinion
Eelators have failed to allege facts givr ing rise to a clear legal duty entitling them to the writ of mandamus. Furthermore, relators do not allege that the commission lacks jurisdiction to act, but only that such action would be erroneous. If a tribunal has jurisdiction to determine the question before it, a writ of prohibition will not issue to prevent it from exercising that authority. State, ex rel. McCaffrey, v. Cleveland (1978), 54 Ohio St. 2d 346, 347.
Accordingly, the writs of mandamus and prohibition are denied.- .
Writs denied.
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Cite This Page — Counsel Stack
391 N.E.2d 315, 58 Ohio St. 2d 458, 12 Ohio Op. 3d 383, 1979 Ohio LEXIS 458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ohio-afl-cio-v-industrial-commission-ohio-1979.