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STATE EX REL. GILLIGAN v. HODDINOTT

No. 73-681.

36 Ohio St. 2d 127 (1973)

THE STATE, EX REL. GILLIGAN, GOVERNOR, ET AL., v. HODDINOTT, JUDGE.

Supreme Court of Ohio.

Decided December 5, 1973.

Attorney(s) appearing for the Case

Mr. William J. Brown, attorney general, Messrs. Dunbar, Kienzle & Murphey, Mr. David P. Hiller and Mr. David J. Young, for relators.

Mr. James R. Scott, prosecuting attorney, for respondent.

CELEBREZZE, J.

Mention of the writ of prohibition first appeared in the Ohio Constitution in 1912 and is found in Section 2, Article IV. Since it was not defined by the General Assembly, or in the Constitution, it has developed according to common-law principles.

In the case of In re Rice (1894), 155 U.S. 396, the Supreme Court of the United States set out the requirements...

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