State Ex Rel. Derwort v. Hummel

By the Court.

The respondent contends that a writ of prohibition should not be issued to prevent the execution of a ministerial act, and that the action to be taken by him in the instant case is ministerial and involves no judgment or discretion in determining whether the duty exists and he is not required or permitted to decide any question of law. In supporting that contention counsel for respondent cite State, ex rel. Voight, Jr., v. Lueders, Probate Judge, 101 Ohio St., 211, 128 N. E., 70, which held that a probate judge, acting as clerk ex officio in issuing an execution upon a judgment…