Legal Opinion

State ex rel. Rouault v. Cuyahoga County Common Pleas Court

Ohio Supreme Court

Decided May 4, 1977No. 76-1064PublishedCited by 4 opinions

1Per curiam

The issue raised in this cause is whether a writ of prohibition should issue. The conditions prerequisite to issuance of a writ of prohibition include:

“* * * (1) The court or officer against whom it is sought must be about to exercise a judicial or quasi-judicial power; (2) it must appear that the refusal of the writ would result in injury for which there is no adequate remedy; (3) the exercise of such power must amount to an unauthorized usurpation of judicial power.” State, ex rel. Northern Ohio Telephone Co., v. Winter (1970), 23 Ohio St. 2d 6, 8.

Since prohibition will not lie unless all…

2Cases cited2 opinions

  1. State ex rel. Northern Ohio Telephone Co. v. WinterOhio Supreme Court · 1970
  2. State ex rel. Stefanick v. Municipal Court of MariettaOhio Supreme Court · 1970

3Cited by4 opinions

  1. State ex rel. Special Prosecutors v. JudgesOhio Supreme Court · 1978
  2. State ex rel. Flower v. RockerOhio Supreme Court · 1977
  3. State ex rel. Board of County Commissioners v. Court of Common Pleas of Butler CountyOhio Supreme Court · 1978
  4. Pistner v. BaxterOhio Court of Appeals · 1981

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