Jones v. Court of Appeals of Seventh District of Ohio
| Decision Date | 22 December 1937 |
| Docket Number | 26809. |
| Citation | 133 Ohio St. 116,11 N.E.2d 1023 |
| Parties | JONES v. COURT OF APPEALS OF SEVENTH DISTRICT OF OHIO. |
| Court | Ohio Supreme Court |
Heinlein, James & Jones, of Bridgeport, and Thornburg & Lewis, of St. Clairsville, for relator.
Edmund L. Matz, of Bellaire, for respondent.
Relatrix filed in this court a petition seeking a writ to prohibit the respondent court from appointing a receiver to take possession of, manage, and operate the property of relatrix and from making her a party in pursuance of a finding by the respondent court in an action, heard on appeal on questions of law and fact, involving a promissory note, for foreclosure of a chattel mortgage, and accounting. A demurrer was filed to the petition.
Since the questions of jurisdiction of the person and property or to appoint a receiver can be reviewed on appeal, the demurrer to the petition will be sustained and a writ of prohibition will be denied, as the writ of prohibition is not available as a substitute for a proceeding on appeal. Silliman v. Court of Common Pleas of Williams County, 126 Ohio St. 338, 185 N.E. 420 .
Writ denied.
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State ex rel. Connor v. McGough, 89-443
...144 Ohio St. 272, 29 O.O. 425, 58 N.E.2d 669 (jurisdiction over part-time trust company directors); and Jones v. Court of Appeals (1937), 133 Ohio St. 116, 10 O.O. 124, 11 N.E.2d 1023 (appointment of receiver). However, the Fourteenth Amendment's requirement of due process and fundamental f......