Opinion
No. 6739
Decided September 19, 1961.
Court of Appeals — Jurisdiction — Mandamus — Cross-petition for statutory damages — Court without jurisdiction to consider.
The Court of Appeals, in an action in mandamus filed originally therein, is without jurisdiction to consider an action for statutory damages set forth in the cross-petition.
IN MANDAMUS: Court of Appeals for Franklin County.
ON MOTION to dismiss cross-petition.
Messrs. Rowe Henderson, for relator.
Mr. Mark McElroy, attorney general, Mr. Gerald J. Celebrezze and Mr. Bernard Cohen, for respondents.
This is an action in mandamus filed originally in this court, and to the petition of the relator the respondents have filed an answer and a cross-petition. The relator now moves this court to dismiss the cross-petition for the reason that the court is without jurisdiction to consider the matter set forth in the cross-petition.
Appellate courts have original jurisdiction in mandamus. However, this court does not have original jurisdiction to consider an action for statutory damages, as alleged in the cross-petition. It should be noted further that the law does not provide appellate courts with the machinery for conducting a trial necessary to determine the issues raised by the cross-petition.
The motion to dismiss the cross-petition will be sustained, and if the respondents desire an opportunity to submit an amended answer, leave will be granted them.
Motion sustained.
DUFFEY, P. J., DUFFY and BRYANT, JJ., concur.