Ohio Supreme Court, 1940

State Ex Rel. Frye v. MacConkey

Ohio Supreme Court · Decided March 27, 1940 · Weygandt, Day, Zimmerman, Williams, Myers, Matthias, Hart

26 N.E.2d 457; 136 Ohio St. 462; 136 Ohio St. (N.S.) 462; 17 Ohio Op. 31; 1940 Ohio LEXIS 557 (North Eastern Reporter, Second Series)

Opinion of the Court

By the Court.

A writ of mandamus will not lie to control judicial discretion. Section 12285, Q-eneral Code.

A writ of prohibition cannot be invoked as a substitute for an appeal and will not be issued to prevent an anticipated erroneous judgment. State, ex rel. Norris, v. Hodapp, Judge, 135 Ohio St., 26, 18 N. E. (2d), 984, and authorities cited therein.

Demurrer to petition sustained and writs denied.

Writs denied.

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

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