Legal Opinion

State ex rel. Ocasek v. Riley

Ohio Supreme Court

Decided June 28, 1978No. Nos. 78-604 and 78-605PublishedCited by 24 opinions

1Per curiam

The conditions which must exist to support the issuance of a writ of prohibition are: (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 refusal of the writ would result in injury for which there is no other adequate remedy. State, ex rel. *490Lehman, v. Cmich (1970), 23 Ohio St. 2d 11.

Defendants-appellants in Board v. Walter filed their application for stay in the Conrt of Common Pleas pursuant to Civ. R. 62, which provides in part:

“(B) Stay upon…

2Cases cited1 opinion

  1. State ex rel. Lehmann v. CmichOhio Supreme Court · 1970

3Cited by24 opinions

  1. State Ex Rel. Electronic Classroom of Tomorrow v. Cuyahoga County Court of Common PleasOhio Supreme Court · 2011
  2. State ex rel. State Fire Marshal v. CurlOhio Supreme Court · 2000
  3. Olen Corp. v. Franklin County Board of ElectionsOhio Court of Appeals · 1988
  4. State Ex Rel. Geauga County Board of Commissioners v. MilliganOhio Supreme Court · 2003
  5. State ex rel. Shemo v. City of Mayfield HeightsOhio Supreme Court · 2001

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