Ohio Supreme Court, 1931

State Ex Rel. Turner v. Marshall

Ohio Supreme Court · Decided May 13, 1931 · Allen, Jones, Matthias, Robinson, Day, Kinkade, Marshall

176 N.E. 454; 123 Ohio St. 586; 123 Ohio St. (N.S.) 586; 9 Ohio Law. Abs. 670; 1931 Ohio LEXIS 321 (North Eastern Reporter)

Cases that cite this one

22 later published cases cite this decision.

State ex rel. Pratt v. Weygandt (Ohio 1956)
In re Disqualification of Sheward (Ohio 2013)
In re Disqualification of Burge (Ohio 2013)
In re Disqualification of Winkler (Ohio 2013)
State v. Jalowiec (Ohio 2013)
In re Disqualification of Saffold (Ohio 2010)
In re Disqualification of Hoover (Ohio 2006)
Camburn v. Camburn (Ohio 2005)
Davila v. Oriana House, Inc. (Ohio 2005)
Johnson v. Johnson (Ohio 2004)
O'Malley v. O'Malley (Ohio 2004)
City of Olmsted Township v. Groth, Unpublished Decision (6-29-2000) (Ohio Ct. App. 2000)
State v. Bayer (Ohio Ct. App. 1995)
Mentor-On-The-Lake v. Giffin (Ohio Ct. App. 1995)
Jacobs v. Cuyahoga Cty. Court of Common Pleas (Ohio Ct. App. 2025)
In re Disqualification of Gallagher (Ohio 2024)
City of Cleveland v. Willis (City of Cleveland Municipal Court 1980)
Cuyahoga County Bd. of Mental Retardation v. Association of Cuyahoga County Teachers of the Trainable Retarded (Ohio Ct. App. 1975)
State ex rel. Brockman v. Proctor (Ohio 1973)
Village of Monroeville v. Ward (Ohio 1971)
State v. Browning (Lawrence County Common Pleas Court 1967)
Ohio Power Co. v. Brown (Ohio 1964)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Allen, J.

Tinder the ramification of the social and business interests conceded to exist between the judge of the court of common pleas and the defendants in the four actions covered by this record, any one, whether consciously or unconsciously, would have a natural inclination to prejudge the several cases. It is of vital importance that the litigant should believe that he will have a fair trial. The *588 facts set forth and conceded by the affidavits were sufficient to justify the plaintiffs in believing that they might not have such a trial. The writ will be allowed.

Writ allowed.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.