Opinion

State ex rel. Detroit & Toledo Shore Line Rd. v. Court of Common Pleas

11 Ohio St. 2d 193
40 Ohio Op. 2d 172
228 N.E.2d 313
66 L.R.R.M. (BNA) 2767
1967 Ohio LEXIS 351

Court: Ohio Supreme Court
Filed: Jul 19, 1967
Status: Published
On the bench: Brown, Herbert, Matthias, Neill, Schneider, Taft, Zimmerman
Cited by: 4 cases
Authority: More cited than 87.0%

The opinion

Per Curiam.

The instant case in prohibition is before this court on a demurrer to the petition. A ruling on the demurrer is dispositive of the action.

In State, ex rel. Mansfield Telephone Co., v. Mayer et al., Judges, 5 Ohio St. 2d 222, 223 , it is said:

“The rule is firmly established that the Court of Common Pleas is a court of general jurisdiction and, as such, possesses the authority initially to determine its own jurisdiction over both the person and the subject matter in an action before it, subject to the right of appeal; and generally prohibition, an extraordinary remedy entertained with caution, will not lie to prevent an anticipated erroneous judgment.”

The demurrer to the petition is sustained and the writ is denied.

Writ denied.

Taft, C. J., ZimmermaN, Matthias, O’Neill, Herbert, SchNeider and Brown, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.