Civil Procedure – Jurisdiction – Effect of Filing Counterclaim After Denial of Objection to Jurisdiction

Plaintiff brought suit in the Municipal Court of Cleveland based on an automobile collision which occurred in the city. Defendant was served by mail at his residence outside the city and beyond the territorial jurisdiction of the court. Appearing specially, defendant moved to quash service of summons; the trial court overruled the motion and gave him leave to plead. Defendant then filed a counterclaim based on the same collision, alleging the negligence of the plaintiff and requesting damages. On appeal of the decision overruling his motion to quash service, held, defendant had not waived his objection to jurisdiction by seeking affirmative relief in his answer. Bennett v. Radlick, (Ohio App. 1957) 145 N.E. (2d) 334.