Ohio Supreme Court, 1940

State Ex Rel. Cleveland Trust Co. v. Pethtel

Ohio Supreme Court · Decided December 31, 1940 · Weygandt, Zimmerman, Turner, Williams, Matthias, Hart, Day

30 N.E.2d 991; 137 Ohio St. 525; 137 Ohio St. (N.S.) 525; 19 Ohio Op. 240; 1940 Ohio LEXIS 514 (North Eastern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

State ex rel. LTV Steel Co. v. Oryshkewych (Ohio 1992)
State ex rel. Triplett v. Ross (Ohio 2006)

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.

Counsel for relator admit in their briefs that the writ of prohibition ordinarily is granted only when there is no other adequate remedy, but urge that an exception should be made in this case to prevent extended and expensive litigation — in other words to decide cases in advance.

We adhere to the principle that the high prerogative writ of prohibition will not issue where there is another adequate remedy. Silliman v. Court of Common Pleas, 126 Ohio St., 338, 185 N. E., 420, and cases therein cited.

The demurrer to the petition is sustained and leave to plead further is given.

Demurrer sustained.

Weygandt, C. J., Zimmerman, Turner, Williams, Matthias and Hart, JJ., concur. Day, J., dissents.

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