Ohio Supreme Court, 1937

Jones v. Court of Appeals of Seventh District

Ohio Supreme Court · Decided December 22, 1937 · Weygandt, Matthias, Day, Zimmerman, Williams, Myers, Gorman

11 N.E.2d 1023; 133 Ohio St. 116; 133 Ohio St. (N.S.) 116; 10 Ohio Op. 124; 1937 Ohio LEXIS 147 (North Eastern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State ex rel. Connor v. McGough (Ohio 1989)

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

By the Court.

Relatrix filed in this court a petition seeking a writ to prohibit the respondent court from appointing a receiver to take possession of, manage and operate the property of relatrix and from making her a party in pursuance of a finding by the respondent court in an action, heard on appeal on questions of law and fact, involving a promissory note, foreclosure of a chattel mortgage and accounting. A demurrer was filed to the petition.

Since the questions of jurisdiction of the person and property or to appoint a receiver can be reviewed on appeal, the demurrer to the petition will be sustained and a writ of prohibition will be denied, as the writ of prohibition is not available as a substitute for a proceeding on appeal. Silliman v. Court of Common *117 Pleas of Williams County, 126 Ohio St., 338, 185 N. E., 420.

Writ denied.

Weygandt, C. J., Matthias, Day, Zimmerman, Williams, Myers and Gorman, JJ., concur.

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