State Ex Rel. Talaba v. Moreland

The first question raised by the respondent is remedial. He insists that the relator has attempted to employ the prerogative writ of prohibition as a substitute for the usual process of appeal —a thing the law clearly forbids. Silliman v. Court of Common Pleas of Williams County, 126 Ohio St., 338, 185 N. E., 420. However, it is sufficient to observe that the relator does not complain merely of an erroneous decision by the respondent; rather it is his position that under the facts here present the respondent is utterly without judicial power to hear or determine the cause either correctly or…