State ex rel. Stanley v. Court of Common Pleas

Ohio Supreme Court

State ex rel. Stanley v. Court of Common Pleas

251 N.E.2d 609, 20 Ohio St. 2d 7, 49 Ohio Op. 2d 54, 1969 Ohio LEXIS 290

CourtOhio Supreme Court

DecidedOctober 8, 1969

DocketNo. 69-263

StatusPublished

This text of 251 N.E.2d 609 (State ex rel. Stanley v. Court of Common Pleas) 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. Stanley v. Court of Common Pleas, 251 N.E.2d 609, 20 Ohio St. 2d 7, 49 Ohio Op. 2d 54, 1969 Ohio LEXIS 290 (Ohio 1969).

Pincite

Opinion

Per Curiam.

This is an action in prohibition originating in this court. Relator seeks to prevent the respondents from enforcing a decree of divorce on the grounds that the plaintiff in the divorce action was not a bona fide resident of Lorain County, and therefore the court did not have jurisdiction of the action.

The petition shows this issue was raised and determined in the trial court and was reviewed by the Court of Appeals. A motion to certify the record was denied by this court.

Prohibition is a preventive remedy and not a method whereby a party may have a second review of an alleged erroneous decision. State, ex rel. Frasch, v. Miller, 126 Ohio St. 287.

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

Writ denied.

Taft, C. J., Matthias, O’Neill, Schneider, Herbert, Duncan and Corrigan, JJ,, concur,.

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