Hornbuckle v. State

Ohio Supreme Court
Hornbuckle v. State, 37 Ohio St. (N.S.) 361 (Ohio 1881)

Hornbuckle v. State

Opinion of the Court

By the Court.

Justices of the peace have exclusive original jurisdiction of any sum not exceeding $100, and concurrent jurisdiction with the court of common pleas in any sum over $100 and not exceeding $300, except as otherwise provided by statute. 1 S. & C. 770; Rev. Stats. § 585. They are vested with jurisdiction “ to proceed against constables failing to make return, making false return, or failing to pay over money collected on execution issued by such justice.” 70 Ohio L. 180; Rev. *363Stats. § 583. On the judgment so rendered, there is no stay. 68 Ohio L. 15; Rev. Stats. § 6652. But the statute further provides, that “ justices of the peace shall not have cognizance . . . in actions against justices of the peace or other officers for misconduct in office, except in the cases provided for in this act” (1 S. & C. 172, § 10; Rev. Stats. § 591), the exception, as applied to this case, being that above stated. In view of these statutory provisions, a justice of the peace has no jurisdiction of an action upon the bond of a constable.

Judgment reversed.

Reference

Status
Published