State ex rel. Detroit & Toledo Shore Line Rd. v. Court of Common Pleas

Ohio Supreme Court
State ex rel. Detroit & Toledo Shore Line Rd. v. Court of Common Pleas, 11 Ohio St. 2d 193 (Ohio 1967)
228 N.E.2d 313; 40 Ohio Op. 2d 172; 1967 Ohio LEXIS 351; 66 L.R.R.M. (BNA) 2767
Brown, Herbert, Matthias, Neill, Schneider, Taft, Zimmerman

State ex rel. Detroit & Toledo Shore Line Rd. v. Court of Common Pleas

Opinion of the Court

Per Curiam.

The instant case in prohibition is before this court on a demurrer to the petition. A ruling on the demurrer is dispositive of the action.

In State, ex rel. Mansfield Telephone Co., v. Mayer et al., Judges, 5 Ohio St. 2d 222, 223, it is said:

“The rule is firmly established that the Court of Common Pleas is a court of general jurisdiction and, as such, possesses the authority initially to determine its own jurisdiction over both the person and the subject matter in an action before it, subject to the right of appeal; and generally prohibition, an extraordinary remedy entertained with caution, will not lie to prevent an anticipated erroneous judgment.”

The demurrer to the petition is sustained and the writ is denied.

Writ denied.

Taft, C. J., ZimmermaN, Matthias, O’Neill, Herbert, SchNeider and Brown, JJ., concur.

Reference

Full Case Name
The State, ex rel. The Detroit and Toledo Shore Line Rd. Co. v. Court of Common Pleas of Lucas County
Cited By
4 cases
Status
Published