Public-domain · open source
OpenJurist

6 Ohio Law. Abs. 470

155 N.E 652

Allison v. Stevens

Ohio Court of Appeals

Decided July 1, 1928

Ohio Court of Appeals · decided 1928-07-01

Decided 1928-07-01

HOUCK, PJ.

¶11. 1288. WRIT — of Prohibition. .

¶2Writ of “prohibition” granted by Constitution is an extraordinary remedy for furtherance of justice to secure proper regulation in proceedings of judicial character, and should only issue in case of extreme necessity, and not in doubtful case.

¶32. ,233. CIVIL SERVICE — 751a. Mayors — 681. Jurisdiction.

¶4Under Sect. 486-19 GC., mayor may prefer charges to remove civil service commissioner, and at same time hear charges on their merits.

¶53. 1104. STATUTES.

¶6Remedy for relief from drastic statute is in Legislature, and not in courts.

¶74. 941. PRACTICE & PROCEDURE..

¶8In proceedings to prohibit hearing on removal of plaintiff as civil service commissioner, question whether notice of removal was properly served is not before appellate court, where there was no evidence that it was not properly served, or that it was illegal in any way.

¶95. 923. PLEADINGS.

¶10Specifications for removal of civil service commissioner need only give person removed from office opportunity to make proper defense, and are sufficient, under Sect. 486-19 GC., if they fully advise commissioner that he is charged by mayor of claimed dereliction of duty, and failure to perform duties of office.

(Shields, J., concurs. Patterson, J., dissents.)

¶11For reference to'full opinion, see Omnibus Index, last page, this issue.

/6/ohiolawabs/470 · .json · Public domain