State ex rel. Smith v. Ocasek

The judgment of the Court of Appeals is in error for three reasons. The first error requiring reversal is that the Court of Appeals is without jurisdiction to entertain an action attacking an internal rule of a legislative body with regard to its constitutionality, as such rule affects the consideration, passage or defeat and constitutionality of a bill or resolution before that body.

The question involved was settled by this court in 1922, in State, ex rel. Marcolin, v. Smith, Secy. of State, 105 Ohio St. 570, 138 N. E. 881. The opinion by the court stated the law, at page 572, as follows:

“It…