Opinion
No. 71-396
Decided December 29, 1971.
Prohibition — Writ not available, when — Not substitute for appeal.
APPEAL from the Court of Appeals for Hamilton County.
Relator, a minor, was adjudged a delinquent by respondent Judge of the Common Pleas Court of Hamilton County, Juvenile Division. No appeal was taken from the order.
A complaint was then filed by relator in the Court of Appeals for a writ of prohibition to restrain respondent from "further hearing" in connection with the order finding delinquency.
Upon hearing relator's oral motion for a temporary restraining order, the Court of Appeals denied the motion and dismissed the writ of prohibition. An appeal as of right brings the cause to this court for review.
Messrs. Boelter, Fisher Sullivan and Mr. James H. Sullivan, Jr., for appellant.
Mr. Simon L. Leis, Jr., prosecuting attorney, and Mr. Leonard Kirschner, for appellees.
The judgment of the Court of Appeals is affirmed for the reason that the complaint for a writ of prohibition does not state a cause of action. Prohibition is not a substitute for appeal.
Judgment affirmed.
O'NEILL, C.J., SCHNEIDER, HERBERT, CORRIGAN, STERN and LEACH, JJ., concur.