Knight v. Haley

Layton, C. J.,

delivering the opinion of the Court:

The petitioners seek a writ of prohibition to compel the respondent, a Justice of the Peace, to refrain from proceeding with an action brought before him against the petitioners, as holding over tenants after notice, under the provisions of Chapter 123, Revised Code 1915 (Section 4066, et seq.), relating to forcible entry, detainer and holding over.

A rule to show cause was issued. No return, or answer, was made by the respondent, and the cause is before the Court upon a motion to dismiss the petition. All material and well pleaded averments of…