Legal Opinion

State ex rel. Garrison v. Brough

Ohio Supreme Court

Decided February 29, 1916No. 15074PublishedCited by 34 opinions

In Prohibition. In this cause an application for a writ of prohibition against the court of common pleas of Lucas county and two of its judges, Hon. Bernard F. Brough'and Hon. Byron F. Ritchie, was filed to prevent further action in a proceeding in injunction pending in that court, which was.brought by John W. Dowd against Raymond T. Garrison. Dowd was appointed a deputy state supervisor of elections of Lucas county on May 1, 1912, for a four-year term.

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In Prohibition. In this cause an application for a writ of prohibition against the court of common pleas of Lucas county and two of its judges, Hon. Bernard F. Brough'and Hon. Byron F. Ritchie, was filed to prevent further action in a proceeding in injunction pending in that court, which was.brought by John W. Dowd against Raymond T. Garrison. Dowd was appointed a deputy state supervisor of elections of Lucas county on May 1, 1912, for a four-year term. It is set forth in the petition filed in this court that on October 27, 1915, the secretary of state, as state supervisor of elections,…

1Opinion of the CourtJohnson, J.

The application by the relator for th'e issuance of the extraordinary writ of prohibition is based upon the contention that the court of common pleas of Lucas county had no jurisdiction to entertain the petition for injunction referred to in the petition of the relator, and no power to grant the relief prayed for in that petition.

There is substantial agreement in the authorities and between counsel in this case as to the nature, extent and necessary circumstances for the proper application of the unusual writ of prohibition.

The object of the writ is to prevent a court or tribunal of peculiar,…

2Cited by34 opinions

  1. State ex rel. Northern Ohio Telephone Co. v. WinterOhio Supreme Court · 1970
  2. State Ex Rel. Merion v. Court of Common PleasOhio Supreme Court · 1940
  3. State Ex Rel. Sparto v. Juvenile CourtOhio Supreme Court · 1950
  4. John Weenink & Sons Co. v. Court of Common PleasOhio Supreme Court · 1948
  5. State ex rel. Staton v. Common Pleas CourtOhio Supreme Court · 1965

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