23 Ohio C.C. (n.s.) 9 | Ohio Ct. App. | 1915
This proceeding in error is prosecuted to reverse the judgment of the court of common pleas of this county.
It appears that a decree for alimony was granted the plaintiff in error, Anna Betz, against the defendant in error, Walter C. Betz, by the probate court of Licking county; that afterward the plaintiff in error caused an execution to issue out of said probate court upon said decree for alimony to the sheriff of said county, who levied the same upon the property of the defendant in error to satisfy what was claimed to be an unpaid balance due on said decree for alimony, amounting to something like $900; that said sheriff was proceeding to ad
An answer was filed in this proceeding, denying payment of the alimony as alleged by the defendant in error, who afterwards filed a reply thereto, and after a full hearing was had upon the merits of the claims of said parties said common pleas court found that payment of said decree for alimony had been made by the defendant in error, as alleged by him in his petition, and said temporary injunction was thereupon made perpetual.
The plaintiff in error afterward filed a petition in error in this court to reverse said judgment of said common pleas court on the ground that said court had no jurisdiction to hear said last-named cause for the reason that the probate court of said county had first acquired and retained jurisdiction thereof, and that if the defendant in error was seeking any relief his remedy was by motion in said probate court.
The rule that a judgment or lien for alimony is a continuing and subsisting claim against the husband and that it does not become dormant nor become affected by injunction or other proceedings
“Jurisdiction in equity has been maintained to enjoin the enforcement, by execution, of a judgment which had been paid, notwithstanding the right of the complainant to proceed by motion in the court issuing the execution, to have satisfaction of the judgment entered, and the execution set aside.”
We are of the opinion that the common pleas court had jurisdiction to grant the relief asked for, and the judgment of said court is therefore affirmed, at the costs of the plaintiff in error.
Judgment affirmed.