State ex rel. Dickison v. Court of Common Pleas

The statutory authority for courts of record in this state to hear declaratory judgment actions is E. C. 2721.02.

Whether to proceed in a declaratory relief action is a matter for the determination of the trial court in the first instance. Following such determination appropriate appellate procedures are available to the parties.

Prohibition will not lie where there is a plain and adequate remedy in the ordinary course of th» law. State, ex rel. Bartlett, v. Baynes (1969), 20 Ohio St. 2d 129; State, ex rel. Winnefeld, v. Court of Common Pleas (1953), 159 Ohio St. 225.

It should be manifestly…