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STATE, EX REL. JACOBS v. MUNICIPAL COURT OF FRANKLIN COUNTY

No. 71-269.

30 Ohio St. 2d 239 (1972)

THE STATE, EX REL. JACOBS, APPELLANT, v. MUNICIPAL COURT OF FRANKLIN COUNTY, OHIO, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 14, 1972.

Attorney(s) appearing for the Case

Messrs. Campbell & Hadden and Mr. E. Bruce Hadden, for appellant.

Mr. George C. Smith, prosecuting attorney, for appellee Municipal Court of Franklin County and Judge Kenneth L. Sater.

Messrs. Crabbe, Newlon, Potts, Schmidt, Brown & Jones, Mr. Theodore D. Sawyer, Mr. Glenn B. Redick and Mr. John W. Hilbert, II, for appellees Marty Darst and Catherine L. Pyne.

O'NEILL, C. J.

Appellant asserts that a Municipal Court judge has no jurisdiction to determine the propriety of a third-party complaint or to determine whether the issues raised therein should be severed or tried separately from the primary claim. Thus, appellant contends, "the only reasonable way to effectuate the purpose and intent of * * * [Rule 14] is to require certification to the Common Pleas Court of those actions...

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