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5 Ohio C.C. (n.s.) 183

Kappes v. State

Ohio Circuit Courts

Decided October 15, 1904

Ohio Circuit Courts · decided 1904-10-15

On September 1, 1903 a warrant was secured before James S. Ricketts, Mayor of the Village of Marble Cliff, in Franklin township, Franklin county, Ohio, charging Valentine Enappes with having kept open a saloon on Sunday. He was arrested, and the case was set for hearing on September 8 before the mayor of the village.

Decided 1904-10-15

¶1The judgment in this case is affirmed. The provisions of Section 6529 of the Justices Code do not apply to mayor’s courts in criminal proceedings. If they did, the motion for change of venue and the evidence do not disclose a. ground for change under that section.

¶2The made to order prosecution in the court of H. W. Gaver, Justice of the Peace, was nullity. Two courts, having concurrent jurisdiction, can not take jurisdiction of the same person and the same subject matter at one and the same time. The jurisdiction of the court first acquiring the same is exclusive. This is elementary. The cause is remanded to the mayor’s court for execution.

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