Silliman v. Court of Common Pleas

The single question here presented is whether the allegations of plaintiff’s petition state properly pleaded facts sufficient to constitute a cause of action for invoking the writ of prohibition.

It is necessary to keep in mind the exact nature of this remedy. Although it is a common-law writ of high antiquity prohibition came into Ohio jurisprudence through the constitutional amendments of 1912. As frequently stated by the text-writers its principal purpose is to prevent an inferior court or other tribunal from assuming a jurisdiction with which it is not legally vested. On page 5 of 22…