Miller v. Court of Common Pleas

Mar 22, 1944
29768
Versions:143 Ohio St. (N.S.) 68
143 Ohio St. 68
54 N.E.2d 130
28 Ohio Op. 19
1944 Ohio LEXIS 382
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.