
    No. 562
    COYNE v. STATE
    Ohio Appeals, 8th Dist., Cuyahoga Co.
    No. 6504.
    Decided Jan. 11, 1926
    327. COURTS — Municipalities have no authority to create a municipal or police court by provision in its charter.
    Proceedings in a court so created are held for naught; and Common Pleas Court has no jurisdiction to hear proceedings in error and to remand cause for carrying sentence into execution.
    Attorneys — W. C. Boyle & Simmons, DeWitt & Villas for Coyne; Friebolin & Byers for State; all of Cleveland.
   SULLIVAN, J.

Edward Coyne was convicted for the offense of larceny in the Municipal Court of Cleveland Heights. He prosecuted error to the Cuyahoga Common Pleas, which court dismissed his petition in error and affirmed the Cleveland Heights Municipal Court.

Error was prosecuted to the Court of Appeals and it was claimed that at the time of sentence there was no legally constituted municipal court in Cleveland Heights.

The Court of Appeals held:

1. If there were no such office or officer, the Common Pleas Court, when it dismissed Coyne’s petition in error, committed error.
2. Under Article I of the Ohio Constitution, no other courts than those mentioned therein, can be created without an act of the Legislature.
3. Municipalities have no power by charter or otherwise to establish courts or appoint judges.
4. Cleveland Heights in its charter, creáted a Police Court; and this provision is the only authority for the court exercising judicial power during the proceedings in respect to the instant case.
5. A municipal court was subsequently created by legislative enactment.
6. There was no authority on part of the Common Pleas Court to remand the cause to the Heights Municipal Court to carry the sentence into execution because there was no court, no office and no officer created by the constitution.
7. The Common Pleas Court was without jurisdiction to hear the case on error and had no authority to remand the case to a court which was not in existence.

Coyne discharged.  