157 N.E.2d 441 | Ohio Ct. App. | 1959
The demurrer to the petition is sustained for the reason that the relator fails to state facts sufficient to constitute a cause of action for the issuance of a writ of prohibition.
The claims of relator, as shown on the face of the petition, are based on his ownership of deposit, deposit book No. A-187081 of the Society for Savings of the city of Cleveland, a mutual savings bank, and of the assets represented by such book. In this respect, relator stands in the same relation as other depositors having a like interest.
The order complained of, issued by the Court of Common Pleas, provides, inter alia, as follows:
"Pending such preliminary hearing, all persons are enjoined from prosecuting any separate proceedings against petitioner or involving any of its property."
Item 2 of the order provides:
"All other persons having or claiming to have any debt, demand, action, cause of action, or other claim whatever, against petitioner, whether arising out of tort, or contract * * * is hereby *339 required to file a written statement setting forth the amount and nature of such claim and the ground upon which the same is based * * *."
It is our opinion that the procedure which governs and provides for the jurisdiction of the Court of Common Pleas for the dissolution of the society is provided for by Chapter 1702 of the Revised Code, and specifically by Section
Writ denied.
HURD, P. J., KOVACHY and SKEEL, JJ., concur.