Legal Opinion

DuBose v. Court of Common Pleas of Trumbull County

Ohio Supreme Court

Decided December 23, 1980No. 80-1091PublishedCited by 7 opinions

1Per curiam

The writ of prohibition is an extraordinary remedy which is customarily granted with caution and restraint. It is a fundamental principle of Ohio law that the conditions which must exist to support the issuance of a writ of prohibition are, as recently stated in State, ex rel. Wall, v. Grossman (1980), 61 Ohio St. 2d 4:

“ ‘(1) The court or officer against whom it is sought must be about to exercise judicial or quasi-judicial power; (2) the exercise of such power must be unauthorized by law; and (3) it must appear that the refusal of the writ would result in injury for which there is no other…

2Cases cited10 opinions

  1. State v. ThomasOhio Supreme Court · 1980
  2. State Ex Rel. Miller v. Court of Common PleasOhio Supreme Court · 1949
  3. State ex rel. Gilla v. FellerhoffOhio Supreme Court · 1975
  4. State ex rel. Lehmann v. CmichOhio Supreme Court · 1970
  5. Marsh v. Goldthorpe, MayorOhio Supreme Court · 1930

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3Cited by7 opinions

  1. State ex rel. Dispatch Printing Co. v. SoloveOhio Supreme Court · 1990
  2. State ex rel. Smith v. Court of Common PleasOhio Supreme Court · 1982
  3. State ex rel. Jefferson County Children Services Board v. HallockOhio Supreme Court · 1986
  4. State ex rel. Shoop v. MitrovichOhio Supreme Court · 1983
  5. State Ex Rel. Godale v. Geauga County Court of Common PleasOhio Court of Appeals · 2006

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