STATE EX REL. CELEBREZZE v. COURT OF COMMON PLEAS

No. 79-1497.

60 Ohio St. 2d 188 (1979)

THE STATE, EX REL. CELEBREZZE, JR., SECY. OF STATE, v. COURT OF COMMON PLEAS OF BUTLER COUNTY.

Supreme Court of Ohio.

Decided December 20, 1979.


Attorney(s) appearing for the Case

Mr. William J. Brown, attorney general, and Mr. Thomas V. Martin, for relator.

Carl Morgenstern Co., L.P.A., Mr. Carl Morgenstern and Mr. Roger S. Gates, for respondent.


Per Curiam.

The three requirements which must exist to support the issuance of a writ of prohibition are: (1) the court or officer against whom it is sought must be about to exercise judicial or quasi-judicial power, (2) the exercise of such power must be clearly unauthorized by law, and (3) it must appear that the refusal of the writ would result in injury for which there is no adequate remedy in the ordinary course of law. State, ex rel. Bell, v. ...

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