State ex rel. Detroit & Toledo Shore Line Rd. v. Court of Common Pleas
Cases that cite this one
4 later published cases cite this decision.
- Hall v. Tucker (Ohio Ct. App. 2005)
- McKenzie v. Vickers-Mckenzie, Unpublished Decision (12-29-2006) (Ohio Ct. App. 2006)
- State ex rel. Gilligan v. Hoddinott (Ohio 1973)
- State ex rel. St. Sava Serbian Orthodox Church v. Riley (Ohio 1973)
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 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.