State ex rel. Adler v. Court of Common Pleas

The issue before this court is, simply, whether a writ of prohibition should issue in this cause to prevent respondent court from proceeding with the matter before it.

A writ of prohibition will not issue against a court unless it is about to exercise judicial power and “the exercise of such power must amount to an unauthorized usurpation of judicial power.” State, ex rel. Zakany, v. Avellone (1979), 58 Ohio St. 2d 25, 26.

In the cause before us, the Court of Common Pleas had *3original jurisdiction in the action relator seeks to prohibit. The action of respondent in denying relator’s motion to…