Ohio Supreme Court, 1974

State ex rel. Crebs v. Court of Common Pleas

Ohio Supreme Court · Decided April 17, 1974 · Brown, Browíf, Celebrezze, Corrxgan, Herbert, Neill, Stern

38 Ohio St. 2d 51; 309 N.E.2d 926; 67 Ohio Op. 2d 61; 1974 Ohio LEXIS 420

Cases that cite this one

19 later published cases cite this decision.

Christensen v. Board of Commissioners on Grievances & Discipline (Ohio 1991)
State ex rel. Ohio Academy of Trial Lawyers v. Sheward (Ohio 1999)
State ex rel. Bruggeman v. Ingraham (Ohio 1999)
State ex rel. Bruggeman v. Ingraham (Ohio 1999)
State ex rel. Ohio Academy of Trial Lawyers v. Sheward (Ohio 1999)
State ex rel. Ohio Academy of Trial Lawyers v. Sheward (Ohio 1998)
State ex rel. Tubbs Jones v. Suster (Ohio 1998)
State ex rel. Tubbs Jones v. Suster (Ohio 1998)
State ex rel. Ohio Academy of Trial Lawyers (Ohio 1998)
State ex rel. Lawrence v. Marks (Ohio 1995)
State ex rel. Lawrence v. Marks (Ohio 1995)
State ex rel. Hardesty v. Williamson (Ohio 1984)
State ex rel. Klien v. Chorpening (Ohio 1983)
State ex rel. Berger v. McMonagle (Ohio 1983)
State ex rel. Greater Cleveland Regional Transit Authority v. Guzzo (Ohio 1983)
State ex rel. Duganitz v. Court of Common Pleas (Ohio 1982)
State ex rel. Rose Hill Burial Park v. Moser (Ohio 1982)
Ohio Bell Telephone Co. v. Ferguson (Ohio 1980)
State ex rel. Heimann v. George (Ohio 1976)

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

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.

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