State ex rel. Harrison v. Perry

Ohio Supreme Court July 1, 1926

State ex rel. Harrison v. Perry, 4 Ohio Law. Abs. 13 (Ohio 1926)

Allen, Day, Jones, Kinkade, Marshall, Matthias, Robinson

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.

Reference

Full Case Name: The State ex rel, Christopher Harrison, a Taxpayer v. Myles E. Perry, as Coroner of Lorain County, Ohio
Status: Published