State ex rel. Sylvania Home Telephone Co. v. Richards
Ohio Supreme Court
In Mandamus. This is a proceeding in mandamus brought on the relation of The Sylvania Home Telephone Company against the defendants, who are judges of the court of appeals of Lucas county, to compel thém to certify to this court for review and final determination the case of The Sylvania Home Telephone Company v. The Berkey Farmers’ Mutual Telephone Company et al.
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In Mandamus. This is a proceeding in mandamus brought on the relation of The Sylvania Home Telephone Company against the defendants, who are judges of the court of appeals of Lucas county, to compel thém to certify to this court for review and final determination the case of The Sylvania Home Telephone Company v. The Berkey Farmers’ Mutual Telephone Company et al. The latter case was brought in the common pleas of Lucas county to enjoin the defendant company, which was a company organized not for profit, from constructing and operating a telephone plant in territory already occupied by the…
1Opinion of the CourtJohnson, J.
Section 6 of Article IV of the Constitution contains the following: “Whenever the judges of a court of appeals find that a judgment upon which they have agreed is in conflict with a judgment pronounced upon the same question by any other court of appeals of the state, the judges shall certify the record of the case to the supreme court for review and final determination.”
A single question is presented: Were the defendant judges, under the circumstances shown by the pleadings, required by the provision of the constitution above quoted to certify to this court the record of the case referred to?
2Cited by20 opinions
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- State v. YerkeyOhio Supreme Court · 2022
- State Ex Rel. DiFranco v. City of South EuclidOhio Supreme Court · 2014
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