State ex rel. Crebs v. Court of Common Pleas

Ohio Supreme Court April 17, 1974

State ex rel. Crebs v. Court of Common Pleas, 38 Ohio St. 2d 51 (Ohio 1974)

309 N.E.2d 926; 67 Ohio Op. 2d 61; 1974 Ohio LEXIS 420

Brown, Browíf, Celebrezze, Corrxgan, Herbert, Neill, Stern

Opinion of the Court

Per Curiam.

The judgment of the Court of Appeals is affirmed.

Appellant seeks to have the constitutionality of the statutes, under which the action against him was brought, determined in this prohibition action. However, the unconstitutionality of a statute does not deprive a court of the initial jurisdiction to proceed according to its terms. Appellant has other remedies in the ordinary course of the law and by way of appeal. Furthermore, prohibition cannot be used as a substitute for appeal. State, ex rel. Rhodes, v. Solether (1955), 162 Ohio St. 559. See State, ex rel. Ellis, v. McCabe (1941), 138 Ohio St. 417.

Judgment affirmed.

O’Neill, 0. J., Herbert, CorrxgaN, SterN, Celebrezze, W. Browíf and P. Brown, JJ., concur.

Reference

Full Case Name: The State, ex rel. Crebs v. Court of Common Pleas of Wayne County, Probate Division
Cited By: 19 cases
Status: Published