# Krause v. State

> Ohio Supreme Court · July 19, 1972 · 31 Ohio St. 2d 132

URL: https://www.frixlaw.com/law-library/cases/6754949

## Case

- **Full name:** Krause, Admr. v. The State of Ohio
- **Court:** Ohio Supreme Court
- **Decided:** July 19, 1972
- **Citations:** 31 Ohio St. 2d 132; 60 Ohio Op. 2d 100; 285 N.E.2d 736; 1972 Ohio LEXIS 408
- **Precedential status:** Published
- **Opinion:** Concurrence by Schneider
- **Judges:** Beoww, Brown, Corrigan, Herbert, Leach, Neill, Oorrigan, Schneider, Stern
- **Cited by:** 124 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Schenkolewski v. Cleveland Metroparks System, 67 Ohio St. 2d 31 (1981).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6754949

## Opinion text

Schneider, J.,
concurring. To answer further appel-lee’s claim that the adoption of the Buies of Civil Procedure validates his action, I would hold that Section 5(B) of Article IV of the Ohio Constitution cannot be construed as meaning that the rule-making power includes the power to create courts or to confer jurisdiction upon existing courts.
To hold that it does would be to ignore specific lan *148 guage to the contrary contained in Sections 1, 2(B), 3(B), 4(B), 15, 18 and 19 of Article IV..
Whether or not such powers are properly, although historically, delegable by a constitution to the legislative branch, they have never, in this country, been assigned to, or arrogated by, the judicial branch.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6754949. Public record. Not legal advice.