Ohio Supreme Court, 1979

State ex rel. Ohio AFL-CIO v. Industrial Commission

Ohio Supreme Court · Decided June 27, 1979 · Brown, Celebrezze, Herbert, Holmes, Locher, Sweeney

58 Ohio St. 2d 458; 391 N.E.2d 315; 12 Ohio Op. 3d 383; 1979 Ohio LEXIS 458

Cases that cite this one

1 later published case cites this decision.

Abner v. Elliott, Unpublished Decision (7-20-1998) (Ohio Ct. App. 1998)

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.

Eelators have failed to allege facts givr ing rise to a clear legal duty entitling them to the writ of mandamus. Furthermore, relators do not allege that the commission lacks jurisdiction to act, but only that such action would be erroneous. If a tribunal has jurisdiction to determine the question before it, a writ of prohibition will not issue to prevent it from exercising that authority. State, ex rel. McCaffrey, v. Cleveland (1978), 54 Ohio St. 2d 346, 347.

Accordingly, the writs of mandamus and prohibition are denied.- .

Writs denied.

CeLEBREZZE, . C. ■ J., HERBERT, W. Brown, P. Brown, Sweeney, Locher and Holmes, JJ., concur.

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