152 N.E.2d 293 | Ohio Ct. App. | 1958
This action in procedendo originating in this court seeks to require the Municipal Court of Cincinnati to comply with a mandate from the Court of Common Pleas of Hamilton County, as follows:
"It is therefore hereby ordered, adjudged, and decreed that this cause be remanded forthwith to the Cincinnati Municipal Court for proceedings forthwith on the petition of the plaintiff, and that a special mandate be sent to the Cincinnati Municipal Court to carry this judgment to execution."
It appears that on April 30, 1958, relator filed a petition in the Municipal Court in forcible entry and detainer under Section
In attempted compliance with Section
This original action seeks to have the Municipal Court comply with that mandate.
While the Court of Common Pleas does not have original jurisdiction in forcible entry and detainer actions by Section
A reading of the mandate reveals that it is confined to proceedings on the plaintiff's petition only, so that apparently the issues raised by the cross-petition are still pending in the Court of Common Pleas. This malaprop situation has been created by the parties themselves, and a perusal of the statutes shows it could have been avoided.
It would be a simple matter for the Legislature to give jurisdiction to the Court of Common Pleas upon certification of the proceedings under Section
It is therefore ordered, adjudged, and decreed that a writ of procedendo issue, commanding the Municipal Court of Cincinnati to proceed upon the petition of the plaintiff in forcible entry and detainer in accordance with law.
Writ allowed.
HILDEBRANT, P. J., MATTHEWS and LONG, JJ., concur. *59