State Ex Rel. Nicklaus v. McClelland
Ohio Supreme Court
1Opinion of the Court
By the Court.
The Probate Court, by Section 8, Article IV of the Ohio Constitution, is vested with jurisdiction in probate and testamentary matters and “such other jurisdiction, in any county, or counties, as may be provided by law.” That court is competent to determine its own jurisdiction and a writ of prohibition will not issue to prevent an anticipated erroneous judgment. State, ex rel. Barbee, v. Allen, Judge, 96 Ohio St., 10, 117 N. E., 13; State, ex rel. Carmody, v. Justice, Judge, 114 Ohio St., 94, 150 N. E., 430. The writ of prohibition is not available as a substitute for a…
2Cases cited3 opinions
- State Ex Rel. Carmody v. JusticeOhio Supreme Court · 1926
- Silliman v. Court of Common PleasOhio Supreme Court · 1933
- State Ex Rel. Young v. MorrowOhio Supreme Court · 1936
3Cited by4 opinions
- State Ex Rel. Norris v. HodappOhio Supreme Court · 1939
- Shafer v. Common Pleas CourtOhio Supreme Court · 1940
- State Ex Rel. Handley v. McCallOhio Supreme Court · 1939
- Scott v. Municipal CourtOhio Supreme Court · 1951