State ex rel. McCale v. Industrial Commission
State ex rel. McCale v. Industrial Commission
Opinion of the Court
Belator filed a petition in mandamus in the Court of Appeals of Cuyahoga county to
Thereafter an entry was journalized in the Court of Appeals, reciting that the motion to quash service of summons was sustained; that the service of summons, though duly effected on the Cleveland branch manager of the Industrial Commission, did not confer jurisdiction over the Industrial Commission in the Cuyahoga county Court of Appeals; that a mandamus action seeking to compel certification of the rehearing transcript should be filed in the appropriate court in Franklin county, and that the petition of the relator was dismissed.
Appeal as of right in a case originating in the Court of Appeals was duly perfected in this court.
We are not here concerned with the question where
Mandamus is an action in personam and jurisdiction in the Court of Appeals of Cuyahoga county was not obtained over the person of the commission by service of process on the Cleveland branch manager. Consequently, the motion to quash was properly allowed.
The cases of Meeker v. Scudder, 108 Ohio St., 423, 140 N. E., 627, and State, ex rel. Nichols, v. Gregory et al., Industrial Commission, 130 Ohio St., 165, 198 N. E., 182, are not authority in the consideration of the problem here presented. The court there dealt with the question of jurisdiction over the subject-matter of the action, while the problem here presented is whether the Court of Appeals obtained jurisdiction over the person of the commission.
Judgment affirmed.
Reference
- Full Case Name
- The State, ex rel. McCale v. Industrial Commission of Ohio
- Status
- Published