Legal Opinion

State ex rel. Gilla v. Fellerhoff

Ohio Supreme Court

Decided November 26, 1975No. 75-257PublishedCited by 33 opinions

1Per curiam

The question to be decided is whether relator states a cause of action in prohibition.

It is well-settled that:

“A court having general jurisdiction of the subject matter of an action has authority to determine its own jurisdiction on issue raised, and a party challenging its jurisdiction has a remedy at law in appeal from an adverse holding of the court that it has such jurisdiction, and may not maintain a proceeding in prohibition to prevent the prosecution of such action.” Paragraph three of the syllabus in State, ex rel. Miller, v. Court of Common Pleas (1949), 151 Ohio St. 397; State, ex…

2Cases cited6 opinions

  1. State ex rel. Adams v. GusweilerOhio Supreme Court · 1972
  2. State Ex Rel. Miller v. Court of Common PleasOhio Supreme Court · 1949
  3. State ex rel. Safeco Ins. Co. of America v. KornowskiOhio Supreme Court · 1974
  4. State ex rel. Gonzales v. PattonOhio Supreme Court · 1975
  5. State ex rel. Toerner v. Common Pleas CourtOhio Supreme Court · 1971

1 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. State ex rel. LTV Steel Co. v. GwinOhio Supreme Court · 1992
  2. State ex rel. Tilford v. CrushOhio Supreme Court · 1988
  3. State ex rel. Johnson v. County CourtOhio Supreme Court · 1986
  4. State ex rel. Henry v. BrittOhio Supreme Court · 1981
  5. State ex rel. Ruessman v. FlanaganOhio Supreme Court · 1992

28 more not listed; retrieve them via the Exa API.

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