This is an appeal on questions of law from a judgment of the Common Pleas Court of Hancock County, in an action wherein the appellant, Emil E. Layne was plaintiff and the appellees, Richard J. Baker, Albert E. Baker, T. T. Perkins, justice of the peace, Findlay township, Hancock county, Ohio, and J. W. Crates, constable, Findlay township, Hancock county, Ohio, were defendants.
The action is one to enjoin the defendants from enforcing a judgment of restitution and eviction against the plaintiff, rendered by such justice of the peace in an action in forcible entry and detainer before him, wherein the defendants Richard J. Baker and Albert E. Baker were plaintiffs, and the plaintiff, Emil E. Layne, was defendant, and for other equitable relief.
The cause was submitted to the Common Pleas Court upon the application of plaintiff for a temporary injunction, and the motion of the defendants to dismiss the case, and judgment was rendered by the court denying the application for a temporary injunction, dissolving a restraining order issued by it prior to that time against the defendants, and dismissing the case at the costs of the plaintiff. And this is the judgment from which this appeal is taken.
At the time the judgment was rendered the amended petition of the plaintiff was the only pleading on file in the cause. The motion of the defendants to dismiss the case, omitting caption and signatures, is in the words and figures following to wit:
Now come the defendants by their attorneys and move the court for an order dismissing all matters in this case excepting the question of damages suffered by any of the defendants by the temporary restraining order issued on September 21, 1948. The reasons for this motion are:
The issues presented in the petition of this case have previously been decided in case number 28179 of the Common Pleas Court of Hancock County, Ohio. Said case also bears number 495 in the Court of Appeals, Third Appellate District, Ohio. Thus, such matters are res judicata.
The issues presented in the petition of this case were decided in the justice of the peace court of T. T. Perkins, city of Findlay, county of Hancock, Ohio, in case number 237. Said case also bears the number of 2855 in the Common Pleas Court of Hancock County, Ohio. Thus such matters are res judicata. Plaintiff in this case is trying by this petition to collaterally attack the judgment rendered in the case mentioned in reason number two (2). This Common Pleas Court has no jurisdiction of this case.
Tenant Fights Back After Landlord Tries to Evict
