State ex rel. Ohio AFL-CIO v. Industrial Commission

Ohio Supreme Court

State ex rel. Ohio AFL-CIO v. Industrial Commission

391 N.E.2d 315, 58 Ohio St. 2d 458, 12 Ohio Op. 3d 383, 1979 Ohio LEXIS 458

Ohio Supreme Court·Decided June 27, 1979·No. No. 79-37·Published·Cited by 1 cases

Opinion

Per Curiam.

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.

CeLEBREZZE, . C. ■ J., HERBERT, W. Brown, P. Brown, Sweeney, Locher and Holmes, JJ., concur.

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Per Curiam.

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.

CeLEBREZZE, . C. ■ J., HERBERT, W. Brown, P. Brown, Sweeney, Locher and Holmes, JJ., concur.

State ex rel. Ohio AFL-CIO v. Industrial Commission, 391 N.E.2d 315, 58 Ohio St. 2d 458, 12 Ohio Op. 3d 383, 1979 Ohio LEXIS 458 (Ohio 1979).

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391 N.E.2d 315 (State ex rel. Ohio AFL-CIO v. Industrial Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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