State, Ex Rel. McHenry v. Calhoun

OPINION

By McNamee, J:

This original action in prohibition presents the question: May a Justice of Peace having jurisdiction of the person and subject matter, be prohibited from hearing and determining an action for damages to property that could have been asserted as a counter-claim in another action pending in the Common Pleas Court between the same parties in which the plaintiff in Common Pleas Court sought recovery of damages for injuries to person and property in an amount in excess of the jurisdiction of the Justice.

The facts are:" On July 22, 1949, automobiles owned and operated by James…