Legal Opinion

Fortner v. Thomas

Ohio Supreme Court

Decided April 8, 1970No. 69-86PublishedCited by 256 opinions

1Opinion of the CourtHerbert, J.

It has been long and well established that it is the duty of every judicial tribunal to decide actual controversies between parties legitimately affected by specific facts and to render judgments which can be carried into effect. It has become settled judicial responsibility for courts to refrain from giving opinions on abstract propositions and to avoid the imposition by judgment of premature declarations or advice upon potential controversies. The extension of this principle includes enactments of the General Assembly (Pfeifer v. Graves [1913], 88 Ohio St. 473, 104 N. E. 529; Foster v.…

2Cases cited4 opinions

  1. Poe v. UllmanSupreme Court of the United States · 1961
  2. Zangerle v. EvattOhio Supreme Court · 1942
  3. Tuber v. PerkinsOhio Supreme Court · 1966
  4. Mills v. CowgillIndiana Court of Appeals · 1914

3Cited by256 opinions

  1. State v. KalishOhio Supreme Court · 2008
  2. State ex rel. Ohio Academy of Trial Lawyers v. ShewardOhio Supreme Court · 1999
  3. Arbino v. Johnson & JohnsonOhio Supreme Court · 2007
  4. Burger Brewing Co. v. Liquor Control CommissionOhio Supreme Court · 1973
  5. M. J. Kelley Co. v. City of ClevelandOhio Supreme Court · 1972

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