Southgate Development Corp. v. Columbia Gas Transmission Corp.

On its face, Civ. R. 12(B)(1) would appear to require that a motion to dismiss a complaint for reason of lack of jurisdiction of the court over the subject matter should be determined from the face of the complaint. Such a conclusion would be buttressed by observing that when a motion to dismiss for failure to state a claim upon which relief can be granted presents matters outside the pleadings, Civ. R. 12(B) (6) specifically authorizes that the motion may be treated as a motion for summary judgment and disposed of as provided in Civ. R. 56.

Federal practice relevant to Ohio Civ. R. 12(B)(1),…