STATE EX REL. McCAFFREY v. CITY OF CLEVELAND

No. 77-1031.

54 Ohio St. 2d 346 (1978)

THE STATE, EX REL. McCAFFREY, APPELLANT, v. CITY OF CLEVELAND ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 14, 1978.


Attorney(s) appearing for the Case

Mr. Patrick L. Gerity, for appellant.

Mr. Jack M. Schulman, director of law, Ms. Karen B. Newborn and Mr. Norman Buckvar, for appellees.


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...

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