State ex rel. Ray v. Burns

Ohio Supreme Court

State ex rel. Ray v. Burns

174 Ohio St. (N.S.) 543

CourtOhio Supreme Court

DecidedMay 22, 1963

DocketNo. 37633

StatusPublished

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

Pincite

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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