Hall Approved Free Access to American Case Law
Ohio Supreme Court, 1974

State ex rel. Crebs v. Court of Common Pleas

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

State ex rel. Crebs v. Court of Common Pleas

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.

↑