
    Hornbuckle v. The State.
    A justice of the peace has no jurisdiction of an action on the bond of a constable.
    Error to the District Court of Lawrence County.
    On September 17, 1875, a suit was brought before W. 0. Woods, a justice of the peace of Perry township, Lawrence county, upon tbe official bond of M. T. Hornbuckle. The bond, dated April 9, 1875, is in the penal sum of $1,000, payable to the State of Ohio, recites the election of Horn-buckle, as constable of Upper township, Lawrence county, is conditioned as required by statute (1 S. & C. 802, § 184; Rev. Stats. § 1516), and is signed by Hornbuckle as principal, and James M. Kelley and Thomas Golden as sureties. The action was in the name of the state of Ohio, for the use of Lewis Smith, and against Hornbuckle, Kelley and Golden, and the ground of recovery alleged in the bill of particulars, was that Hornbuckle, having in his hands, as such constable ol Upper township, an execution in favor of said Smith against Peter Schlosser, did, on September 9,1875, make a false return thereof. The return and its falsity, as well as the bond, are set forth in the bill of particulars. Judgment was rendered in favor of the plaintiff and against the defendants, for $47.63 and costs, and that judgment was affirmed in the District Court. This petition in error was filed in this court, on leave, by Hornbuckle, Kelley and Golden, and the question is whether the justice of the peace had jurisdiction of the action.
    
      W. S. Forgey, for plaintiffs in error:
    
      State v. Colerick, 3 Ohio, 448; Powell v. Jones, 12 Ohio, 35; State v. Jennings, 14 Ohio St. 73; Ford v. Parker, 4 Ohio St. 576; Hackworth v. Robinson, 31 Ohio St. 655; Hall v. Strong, 1 West. L. Mo. 698; 2 Ib. 105.
    
      O. S. Collier, for defendant in error.
   By the Court.

Justices of the peace have exclusive original jurisdiction of any sum not exceeding $100, and concurrent jurisdiction with the court of common pleas in any sum over $100 and not exceeding $300, except as otherwise provided by statute. 1 S. & C. 770; Rev. Stats. § 585. They are vested with jurisdiction “ to proceed against constables failing to make return, making false return, or failing to pay over money collected on execution issued by such justice.” 70 Ohio L. 180; Rev. Stats. § 583. On the judgment so rendered, there is no stay. 68 Ohio L. 15; Rev. Stats. § 6652. But the statute further provides, that “ justices of the peace shall not have cognizance . . . in actions against justices of the peace or other officers for misconduct in office, except in the cases provided for in this act” (1 S. & C. 172, § 10; Rev. Stats. § 591), the exception, as applied to this case, being that above stated. In view of these statutory provisions, a justice of the peace has no jurisdiction of an action upon the bond of a constable.

Judgment reversed.  