City of Akron v. Smith
Ohio Supreme Court
City of Akron v. Smith, 14 Ohio St. 2d 247 (Ohio 1968)
43 Ohio Op. 2d 373; 237 N.E.2d 396; 1968 Ohio LEXIS 448
Brown, Herbert, Matthias, Neill, Schneider, Taft, Zimmerman
City of Akron v. Smith
Opinion of the Court
The question in this case, whether prosecution for the commission of the offense made punishable by the municipal ordinance is limited by the state statute, is
‘ ‘ 1. The sovereignty of the state in respect to its courts extends over all the state, including municipalities, whether governed by charter or general laws.
“2. None of the various provisions of Article XVIII of the Constitution of Ohio are effective to abridge the sovereignty of the state over municipalities in respect to its courts.”
Thus, the General Assembly may limit the time within which an action may be brought in the courts of this state, even where such action is based upon a municipal ordinance. It follows that such an ordinance may not provide for bringing such an action during a period of time greater than the limitation so specified by the General Assembly.
Judgment affirmed.
Reference
- Full Case Name
- City of Akron v. Smith Riddle, Judge
- Cited By
- 4 cases
- Status
- Published