State ex rel. Village of Kettering v. Montgomery County Board of Elections
Ohio Court of Appeals
State ex rel. Village of Kettering v. Montgomery County Board of Elections, 71 Ohio Law. Abs. 550 (1955)
133 N.E.2d 655; 1955 Ohio App. LEXIS 777
Hornbeck, Miller, Wiseman
State ex rel. Village of Kettering v. Montgomery County Board of Elections
Opinion of the Court
This matter is presented on demurrer to the petition in an original action for a writ of prohibition. The extraordinary writ of prohibition is never granted except upon a showing of a clear right. Where there is a doubt in the mind of the Court the writ is denied. The allegations in the petition do not show that there is a clear right to the writ; but rather it presents a doubtful case.
The demurrer to the petition is sustained.
Reference
- Full Case Name
- STATE, ex rel. VILLAGE OF KETTERING, OHIO, etc., Relator v. MONTGOMERY COUNTY BOARD OF ELECTIONS, etc.
- Cited By
- 1 case
- Status
- Published