STATE EX REL. CREBS v. COURT OF COMMON PLEAS

No. 73-919.

38 Ohio St. 2d 51 (1974)

THE STATE, EX REL. CREBS, APPELLANT, v. COURT OF COMMON PLEAS OF WAYNE COUNTY, PROBATE DIVISION, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 17, 1974.


Attorney(s) appearing for the Case

Messrs. Logee, Lehman & Veney and Mr. F. Emerson Logee, for appellant.

Mr. Keith A. Shearer, prosecuting attorney, for appellees.


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...

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