Ohio Supreme Court, 1978

State ex rel. McCaffrey v. City of Cleveland

Ohio Supreme Court · Decided June 14, 1978 · Brown, Celebrezze, Herbert, Loches, Neill, Sweeney

54 Ohio St. 2d 346; 377 N.E.2d 490; 8 Ohio Op. 3d 355; 1978 Ohio LEXIS 568

Cases that cite this one

2 later published cases cite this decision.

State ex rel. DeFranco v. Cleveland (Ohio Ct. App. 2011)
State ex rel. Ohio AFL-CIO v. Industrial Commission (Ohio 1979)

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.

Prohibition is a writ designed to prevent a tribunal from proceeding in a matter in which it seeks to usurp or exercise authority with which it had not been invested by law. Marsh v. Goldthorpe (1930), 123 Ohio St. 103.

However, if the tribunal has jurisdiction to determine the question before it, a writ of prohibition will not issue to prevent it from exercising such authority. State, ex rel. Dayton, v. Kenealy (1960), 170 Ohio St. 320.

In this cause there is no showing by relator that the members of the Cleveland Civil Service Commission, or the other named respondents, are in any manner attempting to usurp a function with which they are not properly invested by law.

For the reason that a writ of prohibition is not an appropriate remedy, the judgment of the Court of Appeals is affirmed.

Judgment affirmed.

O’Neill, C. J., Celebrezze, W. Brown, P. Brown, Sweeney and Loches, JJ., concur. HERBERT, J., concurs in the judgment.

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