Ohio Supreme Court, 1926

State ex rel. Harrison v. Perry

State ex rel. Harrison v. Perry
Ohio Supreme Court · Decided July 1, 1926 · Allen, Day, Jones, Kinkade, Marshall, Matthias, Robinson
4 Ohio Law. Abs. 13

State ex rel. Harrison v. Perry

Opinion of the Court

DAY, J.

1. A writ of prohibition will not issue when a plain adequate remedy, either in law or in equity, is available to the applicant.

2. The duties of a coroner under the statutes are both ministerial and quasi judicial. To prevent an abuse of discretion in the exercise of the latter, the remedy is by way of injunction and not a writ of prohibition.

Writ denied.

Marshall, C. J., Jones, Matthias, Allen and Robinson, JJ., concur. Kinkade., not participating.

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