Legal Opinion

State ex rel. Lehmann v. Cmich

Ohio Supreme Court

Decided July 8, 1970No. 69-764PublishedCited by 23 opinions

1Per curiam

It has long been the law of this state that the conditions Avhich must exist to support the issuance of a writ of prohibition are: (1) The court or officer against whom it is sought must be about to exercise judicial or quasi-judicial power; (2) the exercise of such power must be unauthorized by law; and (3) it must appear that the refusal of the writ would result in injury for which there is no other adequate remedy. State, ex rel. Caley, v. Tax Comm., 129 Ohio St. 83, at 87.

Relator, in his amended petition, admits that the city of Canton supplies water to more than 20,000 persons and that…

2Cases cited2 opinions

  1. State ex rel. Stefanick v. Municipal Court of MariettaOhio Supreme Court · 1970
  2. State Ex Rel. Caley v. Tax CommissionOhio Supreme Court · 1934

3Cited by23 opinions

  1. State ex rel. Phillips v. PolcarOhio Supreme Court · 1977
  2. State ex rel. McKee v. CooperOhio Supreme Court · 1974
  3. State ex rel. Henry v. BrittOhio Supreme Court · 1981
  4. State ex rel. Ocasek v. RileyOhio Supreme Court · 1978
  5. State ex rel. Williams v. BrownOhio Supreme Court · 1977

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