State ex rel. Royal Globe Insurance Co. v. Swink

CLEMENS, Commissioner.

Original proceeding in prohibition. Our preliminary writ prohibited the respondent circuit judge from proceeding in a case certified to his court on change of venue from the magistrate court. The respondent judge had assumed jurisdiction over a counterclaim, a third-party petition, and in*882terrogatories against the relators, each filed after the case reached the circuit court. The issue: When a magistrate court certifies a case to a circuit court on change of venue does the circuit court have original jurisdiction or only derivative jurisdiction? We hold it has original…