State Ex Rel. Ohio Stove Co. v. Coffinberry
Ohio Supreme Court
1Opinion of the CourtSohngen, J.
In our consideration of this case, we are immediately confronted with respondents’ contention that this court is without jurisdiction because prohibition is not a proper remedy to review the regularity of the exercise of jurisdiction in the rendering of an order by the commission, where the order is an accomplished fact.
In the case of State, ex rel. Moss, v. Clair, 148 Ohio St., 642, this court held in the first paragraph of the syllabus:
“A writ of prohibition may be awarded only to prevent the unlawful usurpation of jurisdiction and does not lie to prevent the enforcement of a claimed…
2Cases cited5 opinions
- State ex rel. Garrison v. BroughOhio Supreme Court · 1916
- Marsh v. Goldthorpe, MayorOhio Supreme Court · 1930
- State Ex Rel. Maysville Bridge Co. v. QuinlanOhio Supreme Court · 1931
- State Ex Rel. Frasch v. MillerOhio Supreme Court · 1933
- State Ex Rel. Moss v. ClairOhio Supreme Court · 1947
3Cited by1 opinion
- State Ex Rel. Hobart Mfg. Co. v. BlakeOhio Supreme Court · 1948