State ex rel. Carpenter v. Warren Municipal Court

• Citation: 400 N.E.2d 391,15 O.O.3d 225,61 Ohio St.2d 208
• Decision Date: 13 February 1980
• Docket Number: No. 79-969,79-969
• Parties: , 15 O.O.3d 225 The STATE ex rel. CARPENTER, Appellant, v. WARREN MUNICIPAL COURT et al., Appellees.
• Court: Ohio Supreme Court

Page 208

61 Ohio St.2d 208

400 N.E.2d 391, 15 O.O.3d 225

The STATE ex rel. CARPENTER, Appellant, v. WARREN MUNICIPAL COURT et al., Appellees.

No. 79-969.

Supreme Court of Ohio.

Feb. 13, 1980.

In September of 1978, the relator, Alberta J. Carpenter, filed a complaint in forcible entry and detainer in the Warren Municipal Court, seeking to gain possession of certain real property located in Warren Township, Trumbull County. In October of that year, the defendant in that action, Martha Meadors, filed a motion to dismiss the complaint or, in the alternative, to stay proceedings in the Municipal Court case pending the outcome of a previously filed action in the Court of Common Pleas of Trumbull County involving the same real property and the same parties as the Municipal Court action.

The action in the common pleas court seeks relief by way of setting aside a deed conveying the subject real property from Meadors to Carpenter, for the reason that execution of this deed was obtained by false and fraudulent means. This deed has been recorded in the Trumbull County Records of Deeds.

On November 15, 1978, the Municipal Court ordered that this action be stayed pending determination of the action in the Court of Common Pleas as to title.

Relator then sought a writ of procedendo from the Court of Appeals for Trumbull County, directing the Municipal Court to proceed to judgment in the forcible entry and detainer action.

The appellate court denied the writ, and relator appeals to this court as a matter of right.

Roy A. Mimna, Warren, for appellant.

William P. McLain, law director, and James R. Ries, Warren, for appellees.

PER CURIAM.

This court, in Haas v. Gerski (1963), 175 Ohio St. 327, 194 N.E.2d 765, has dealt with the subject matter jurisdiction of Municipal Courts in actions sounding in forcible entry and detainer when title to such property is drawn into question in a collateral action in a common pleas court.

In that case, this court, at page 329, 194 N.E.2d at page 767, first considered the jurisdiction of a Municipal Court to hear and determine forcible entry and detainer actions:

" * * * The subject-matter jurisdiction of Municipal Courts is set forth in Section 1901.18, Revised Code. Subdivision A of this section confers jurisdiction in 'any civil action, of whatever nature or remedy, wherein judges of county courts have jurisdiction.' Thereafter, subdivisions B through H carefully define the civil jurisdiction of Municipal Courts. Subdivision H specifically confers jurisdiction in 'any action of forcible entry and detainer.'

"The cause of action for forcible entry and detainer is created by Chapter 1923, Revised Code. Under this chapter, jurisdiction over such actions is conferred on the County Courts. County Courts jurisdiction is defined by Chapter 1909, Revided Code, and in Section 1909.10 in this chapter it is provided that County Court judges do not have jurisdiction over any action 'For the recovery of title to real estate, or in an action in which such title may be drawn in question.' No such limitation is expressly stated in Section 1901.18, Revised Code. * * *

"In view of the broad grant of jurisdiction to Municipal Courts to hear and determine 'any action' in forcible entry and detainer, the only reasonably inferred purpose of Section 1901.18(A) is to confer upon Municipal Courts that jurisdiction possessed by County Courts in all civil actions not specifically enumerated and not to incorporate by reference into the Municipal Court Act the statutes relating to...