State ex rel. Welsh v. Court of Appeals of the Tenth Appellate District

Ohio Supreme Court

State ex rel. Welsh v. Court of Appeals of the Tenth Appellate District

171 Ohio St. (N.S.) 555

Ohio Supreme Court·Decided March 1, 1961·No. No. 36834·Published

Opinion

Per Curiam.

The extraordinary remedy of prohibition may not be employed as a substitute for the usual orderly process of appeal. The issue of jurisdiction sought to be raised by relator in this proceeding could be raised by him in the cause pending in the respondent court, and there determined.

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

Writ denied.

Weygandt, C. J., Zimmerman, Taet, Matthias, Bell, Herbert and 0’Neill,. JJ., concur.

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Per Curiam.

The extraordinary remedy of prohibition may not be employed as a substitute for the usual orderly process of appeal. The issue of jurisdiction sought to be raised by relator in this proceeding could be raised by him in the cause pending in the respondent court, and there determined.

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

Writ denied.

Weygandt, C. J., Zimmerman, Taet, Matthias, Bell, Herbert and 0’Neill,. JJ., concur.

State ex rel. Welsh v. Court of Appeals of the Tenth Appellate District, 171 Ohio St. (N.S.) 555 (Ohio 1961).

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171 Ohio St. (N.S.) 555 (State ex rel. Welsh v. Court of Appeals of the Tenth Appellate District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.