Legal Opinion
State ex rel. Gilligan v. Hoddinott
Ohio Supreme Court
Decided December 5, 1973No. 73-681PublishedCited by 54 opinions
1Opinion of the CourtCblebeezze, J.
Mention of the writ of prohibition first appeared in the Ohio Constitution in 1912 and is found in Section 2, Article IY. Since it was not defined by the General Assembly, or in the Constitution, it has developed according to common-law principles.
In the case of In re Rice (1894), 155 U. S. 396, the Supreme Court of the United States set out the requirements. for granting the writ:
“Where it appears that the court whose action is sought to be prohibited has clearly no jurisdiction of the cause originally, or of some collateral matter arising therein, a party who has objected to the…
2Cases cited7 opinions
- In Re RiceSupreme Court of the United States · 1894
- United States v. Victor Chalk, Jr. And Preston Eugene DobbinsCourt of Appeals for the Fourth Circuit · 1971
- State Ex Rel. Armstrong v. DaveyOhio Supreme Court · 1935
- Bright v. NunnCourt of Appeals for the Sixth Circuit · 1971
- Krause v. RhodesCourt of Appeals for the Sixth Circuit · 1972
2 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- State ex rel. Eaton Corp. v. LancasterOhio Supreme Court · 1988
- State Ex Rel. Afscme v. TaftOhio Court of Appeals · 2004
- State ex rel. Celebrezze v. Court of Common Pleas of Butler CountyOhio Supreme Court · 1979
- State ex rel. Fiser v. Kolesar (Slip Opinion)Ohio Supreme Court · 2020
- State, Ex Rel. Ferguson v. ShoemakerOhio Court of Appeals · 1975
49 more not listed; retrieve them via the Exa API.