In Re Susi

This original action in habeas corpus is before this court upon the motion of respondent, George. C. Smith, prosecuting attorney, to dismiss the complaint upon the grounds that it fails to state a cause of action in habeas corpus. Respondent also contends that he is not a proper party from whom the petitioners should seek relief.

Petitioners rely upon Owens v. Campbell (1971), 27 Ohio St. 2d 264, in support of their contention that they have properly brought this action. The syllabus of that case reads as follows:

“The extraordinary original jurisdiction granted to an Ohio appellate court may…