Martin v. Bircher

OPINION

By LEMERT, J.

The principal question raised in this case is that justices of the peace have no jurisdiction in forcible entry and detainer cases under contract of sale of real estate containing a forfeiture clause.

Sec 1579-668 GC, creating the Municipal Court of the City of Canton, Sub-section I: “In all actions and proceedings of which justices of the peace, or such courts as may succeed justice of the peace courts, have or may be given jurisdiction.” Under this section of the statute the Municipal Court is granted the same jurisdiction as is granted to justices of the peace.

The legal…