Legal Opinion

State ex rel. Henry v. Britt

Ohio Supreme Court

Decided July 1, 1981No. 80-724PublishedCited by 38 opinions

1Per curiam

The issue before this court is whether a writ of prohibition should issue in this cause to prevent the respondent court from proceeding with the Civ. R. 60(A) motion now before it.

Prohibition is an extraordinary remedy which is customarily granted with caution and restraint, and is issued only in cases of necessity arising from the inadequacy of other remedies. In the recent case oí State, ex rel. Wall, v. Grossman (1980), 61 Ohio St. 2d 4, this court set forth the following conditions which must exist to support the issuance of a writ of prohibition: “ ‘(1) The court or officer against whom…

2Cases cited16 opinions

  1. American Trucking Associations, Inc. v. Frisco Transportation Co.Supreme Court of the United States · 1958
  2. State ex rel. Adams v. GusweilerOhio Supreme Court · 1972
  3. Gagnon v. United StatesSupreme Court of the United States · 1904
  4. State Ex Rel. Miller v. Court of Common PleasOhio Supreme Court · 1949
  5. State ex rel. Gilla v. FellerhoffOhio Supreme Court · 1975

11 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. State ex rel. Tubbs Jones v. SusterOhio Supreme Court · 1998
  2. State ex rel. Corn v. RussoOhio Supreme Court · 2001
  3. State ex rel. Tubbs Jones v. SusterOhio Supreme Court · 1998
  4. Bobb v. MarchantOhio Supreme Court · 1984
  5. State ex rel. Smith v. Court of Common PleasOhio Supreme Court · 1982

33 more not listed; retrieve them via the Exa API.

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