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143 Ohio St. (N.S.) 68
Ohio
1944
By the Court.

“It is a fundamental rule that, as between courts of concurrent and coextensive jurisdiction, the one whose power is first invoked by the institution of, proper proceedings and the service of the required process acquires the right to adjudicate upon the whole issue and to' settle the rights of the parties to the exclusion, of all other tribunals. This rule obtains., in divorce actions. * * * ” 14 Ohio Jurisprur dence,. 410, .Section 30. See, also, 11 Ohio Jurisprudence, 726, Section 81, citing Ex parte Bushnell, 8 Ohio St., 599, and other authorities.

The writ of prohibition will be issued as prayed for in the petition.

Writ allowed.

•' Weygandt, C. J., Matthias, Hart, Zimmerman, Bell, Williams and Turner, JJ., concur.

Case Details

Case Name: Miller v. Court of Common Pleas
Court Name: Ohio Supreme Court
Date Published: Mar 22, 1944
Citations: 143 Ohio St. (N.S.) 68; 143 Ohio St. 68; 54 N.E.2d 130; 28 Ohio Op. 19; 1944 Ohio LEXIS 382; 29768
Docket Number: 29768
Court Abbreviation: Ohio
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