Ohio Court of Appeals, 1955

State ex rel. Village of Kettering v. Montgomery County Board of Elections

Ohio Court of Appeals · Decided May 23, 1955 · Hornbeck, Miller, Wiseman

71 Ohio Law. Abs. 550; 133 N.E.2d 655; 1955 Ohio App. LEXIS 777

Opinion of the Court

*551OPINION

By 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.

MILLER, PJ, HORNBECK and WISEMAN, JJ, concur.

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