State ex rel. Lorig v. Board of Com'rs of Clark County, 77-1262

Decision Date16 November 1977
Docket NumberNo. 77-1262,77-1262
Citation369 N.E.2d 1046,52 Ohio St.2d 70
Parties, 6 O.O.3d 274 The STATE ex rel. LORIG et al., Judges, v. BOARD OF COMMISSIONERS OF CLARK COUNTY et al.
CourtOhio Supreme Court

Cole, Cole, Harmon & Crabill Co., L.P.A., and George W. Cole, Springfield, for relators.

William D. West, Dennis E. Stegner and Allen M. Lehmpuhl, Springfield, for respondents.

PER CURIAM.

This court has stated in Zangerle v. Court of Common Pleas (1943), 141 Ohio St. 70, 46 N.E.2d 865, that "(c)ourts of general jurisdiction * * * possess all powers necessary to secure and safeguard the free and untrammeled exercise of their judicial functions and cannot be directed, controlled or impeded therein by other branches of the government." See, also, State, ex rel. Foster, v. Bd. of County Commrs. (1968), 16 Ohio St.2d 89, 242 N.E.2d 884. In addition, in State, ex rel. Edwards, v. Murray (1976), 48 Ohio St.2d 303, at page 304, 358 N.E.2d 577, at page 578, this court stated that "(t)here is no question that the administration of justice by the judicial branch of the government may not be impeded by the other branches of government in the exercise of its powers or that it is the duty of county commissioners to appropriate funds necessary to facilitate the administration of justice by the Court of Common Pleas and its subdivisions."

The amount requested by relators not being unreasonable, the funds necessary to comply with this request being in the treasury of Clark County, and relators having no plain and adequate remedy in the ordinary course of the law, the writ of mandamus is allowed.

Writ allowed.

C. WILLIAM O'NEILL, C. J., and CELEBREZZE, WILLIAM B. BROWN, PAUL W. BROWN, SWEENEY and LOCHER, JJ., concur.

HERBERT, J., dissents.

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7 cases
  • Employees and Judge of Second Judicial Dist. Court, Second Div. v. Hillsdale County
    • United States
    • Michigan Supreme Court
    • December 2, 1985
    ...necessary judicial functions, and has grown into a broader assertion of judicial autonomy. See, e.g., State ex rel. Lorig v. Bd. of Comm'rs., 52 Ohio St.2d 70, 369 N.E.2d 1046 (1977); O'Coin's v. Treasurer, 362 Mass. 507, 287 N.E.2d 608 (1972); Carroll v. Tate, supra, cert. den. 402 U.S. 97......
  • State ex rel. Slaby v. Summit County Council, s. 11059
    • United States
    • Ohio Court of Appeals
    • June 14, 1983
    ...action in mandamus in a court other than the one seeking relief. * * * " Id. at 304, 358 N.E.2d 577. In State ex rel. Lorig v. Bd. of Commrs. (1977), 52 Ohio St.2d 70, 369 N.E.2d 1046 , the court allowed a writ of mandamus ordering the county commissioners to appropriate additional funds fo......
  • Knuepfer v. Fawell
    • United States
    • Illinois Supreme Court
    • January 24, 1983
    ...Bar Association v. Peoples Stock Yards State Bank (1931), 344 Ill. 462, 470, 176 N.E. 901. Accord, State ex rel. Lorig v. Board of Commissioners (1977), 52 Ohio St.2d 70, 369 N.E.2d 1046; Zylstra v. Piva (1975), 85 Wash.2d 743, 539 P.2d 823; O'Coin's, Inc. v. Treasurer of County of Worceste......
  • State ex rel. O'Diam v. Greene Cnty. Bd. of Comm'rs
    • United States
    • Ohio Supreme Court
    • July 1, 2020
    ...N.E.2d 884 (1968), State ex rel. Edwards v. Murray , 48 Ohio St.2d 303, 358 N.E.2d 577 (1976), and State ex rel. Lorig v. Clark Cty. Bd. of Commrs. , 52 Ohio St.2d 70, 369 N.E.2d 1046 (1977). A court's having inherent powers allows it to be free from excessive control by other governmental ......
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