Legal Opinion

State ex rel. Klien v. Chorpening

Ohio Supreme Court

Decided July 13, 1983No. 83-151PublishedCited by 22 opinions

1Per curiam

The issuance of a writ of prohibition is dependent upon proof of the following conditions: (1) the court or officer against whom it is sought is about to exercise judicial or quasi-judicial power; (2) the exercise of such power is unauthorized by law; and (3) it will result in injury for which no other adequate remedy exists. Ohio Bell v. Ferguson (1980), 61 Ohio St. 2d 74, 76 [15 O.O.3d 117]. It is conceded that respondents are about to exercise judicial power. Relator contends that respondents’ actions were unauthorized by law because they lost jurisdiction over the subject matter and the…

2Cases cited4 opinions

  1. State ex rel. Crebs v. Court of Common PleasOhio Supreme Court · 1974
  2. Ohio Bell Telephone Co. v. FergusonOhio Supreme Court · 1980
  3. McMillen v. WattsOhio Court of Appeals · 1950
  4. McMillen v. WattsOhio Supreme Court · 1951

3Cited by22 opinions

  1. Strah v. Lake County Humane SocietyOhio Court of Appeals · 1993
  2. Van-American Insurance v. SchiappaOhio Court of Appeals · 1999
  3. Bates v. Midland Title of Ashtabula Co., Unpublished Decision (11-26-2004)Ohio Court of Appeals · 2004
  4. 2115-2121 Ontario Bldg., L.L.C. v. AnterOhio Court of Appeals · 2013
  5. Gordon Constr. v. Peterbilt, Unpublished Decision (12-13-2004)Ohio Court of Appeals · 2004

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