State ex rel. Ray v. Burns

Ohio Supreme Court

State ex rel. Ray v. Burns

174 Ohio St. (N.S.) 543

Ohio Supreme Court·Decided May 22, 1963·No. No. 37633·Published

Opinion

Per Curiam.

The respondent, judge of the Euclid Municipal Court, was without jurisdiction to make the entries in question restraining the police officers of the city of Euclid from enforcing the Sunday Closing Law. It was an exercise of a judicial function beyond those conferred upon him by law, and the entries are a nullity.

A writ of prohibition may be employed to prevent an inferior court from usurping jurisdiction with which it has not been invested by law.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Taft, C. J., Zimmerman, Matthias, O’Neill, Griffith, Herbert and Gibson, JJ., concur.

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Per Curiam.

The respondent, judge of the Euclid Municipal Court, was without jurisdiction to make the entries in question restraining the police officers of the city of Euclid from enforcing the Sunday Closing Law. It was an exercise of a judicial function beyond those conferred upon him by law, and the entries are a nullity.

A writ of prohibition may be employed to prevent an inferior court from usurping jurisdiction with which it has not been invested by law.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Taft, C. J., Zimmerman, Matthias, O’Neill, Griffith, Herbert and Gibson, JJ., concur.

State ex rel. Ray v. Burns, 174 Ohio St. (N.S.) 543 (Ohio 1963).

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174 Ohio St. (N.S.) 543 (State ex rel. Ray v. Burns) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.