Legal Opinion

State ex rel. Whitney v. McClain

Ohio Supreme Court

Decided January 26, 1977No. 76-664PublishedCited by 1 opinion

1Per curiam

The question before this court is whether a writ of prohibition is a proper method by which appellant may seek relief from the appellee’s order compelling her attendance at trial. '

The order from which appellant seeks.relief is interlocutory in nature in that it is dispositive of less than all the issues raised in the' cause in which that order was issued. It is undeniable that the plaintiff in that cause had the right to subpoena the appellant' (Civ. R. 45[E]), and further, that appellee had the discretionary power to consider the failure of a, person to obey a subpoena served upon him as a…

2Cases cited2 opinions

  1. State ex rel. Staton v. Common Pleas CourtOhio Supreme Court · 1965
  2. State ex rel. Gross v. MarshallOhio Supreme Court · 1974

3Cited by1 opinion

  1. State v. BrownOhio Supreme Court · 1991

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