State Ex Rel. Nicklaus v. McClelland
Cases that cite this one
3 later published cases cite this decision.
- Scott v. Municipal Court (Ohio 1951)
- Shafer v. Common Pleas Court (Ohio 1940)
- State Ex Rel. Handley v. McCall (Ohio 1939)
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
The Probate Court, by Section 8, Article IV of the Ohio Constitution, is vested with *448 jurisdiction in probate and testamentary matters and “such other jurisdiction, in any county, or counties, as may be provided by law.” That court is competent to determine its own jurisdiction and a writ of prohibition will not issue to prevent an anticipated erroneous judgment. State, ex rel. Barbee, v. Allen, Judge, 96 Ohio St., 10, 117 N. E., 13; State, ex rel. Carmody, v. Justice, Judge, 114 Ohio St., 94, 150 N. E., 430. The writ of prohibition is not available as a substitute for a proceeding on appeal. Silliman v. Court of Common Pleas of Williams County, 126 Ohio St., 338, 185 N. E., 420; State, ex rel. Young, v. Morrow, Judge, 131 Ohio St., 266, 2 N. E. (2d), 595.
Writ demed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.