# State ex rel. Crebs v. Court of Common Pleas

> Ohio Supreme Court · April 17, 1974 · 38 Ohio St. 2d 51

URL: https://www.frixlaw.com/law-library/cases/6755246

## Case

- **Full name:** The State, ex rel. Crebs v. Court of Common Pleas of Wayne County, Probate Division
- **Court:** Ohio Supreme Court
- **Decided:** April 17, 1974
- **Citations:** 38 Ohio St. 2d 51; 67 Ohio Op. 2d 61; 309 N.E.2d 926; 1974 Ohio LEXIS 420
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Brown, Browíf, Celebrezze, Corrxgan, Herbert, Neill, Stern
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6755246

## Opinion text

Per Curiam.
The judgment of the Court of Appeals is affirmed.
Appellant seeks to have the constitutionality of the statutes, under which the action against him was brought, determined in this prohibition action. However, the unconstitutionality of a statute does not deprive a court of the initial jurisdiction to proceed according to its terms. Appellant has other remedies in the ordinary course of the law and by way of appeal. Furthermore, prohibition cannot be used as a substitute for appeal. State, ex rel. Rhodes, v. Solether (1955), 162 Ohio St. 559 . See State, ex rel. Ellis, v. McCabe (1941), 138 Ohio St. 417 .
Judgment affirmed.
O’Neill, 0. J., Herbert, CorrxgaN, SterN, Celebrezze, W. Browíf and P. Brown, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6755246. Public record. Not legal advice.