STATE EX REL. SMITH v. COURT OF COMMON PLEAS

No. 81-1611.

70 Ohio St. 2d 213 (1982)

THE STATE, EX REL. SMITH, EXR., APPELLANT, v. COURT OF COMMON PLEAS, PROBATE DIVISION, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 23, 1982.


Attorney(s) appearing for the Case

Mr. Warren W. Ruggles, Miller & Fegen Co., L.P.A., and Mr. Richard Grimes, for appellant.

Mr. Richard B. Hauser, prosecuting attorney, and Mr. Richard S. Lynch, for appellees.


CLIFFORD F. BROWN, J.

The issue presented in this cause is whether a writ of prohibition should issue which would prevent the respondent-appellee lower court from proceeding with the will contest action now before it.

The question of whether a writ of prohibition can be used to prevent the exercise of jurisdiction by an inferior court has often been addressed by this court. The rule which emerges from the myriad of cases is that "[a] court having general jurisdiction...

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