Ohio Supreme Court, 1944

Miller v. Court of Common Pleas

Miller v. Court of Common Pleas
Ohio Supreme Court · Decided March 22, 1944 · Weygandt, Matthias, Hart, Zimmerman, Bell, Williams, Turner
54 N.E.2d 130; 143 Ohio St. 68; 143 Ohio St. (N.S.) 68; 28 Ohio Op. 19; 1944 Ohio LEXIS 382 (North Eastern Reporter, Second Series)
Miller v. Court of Common Pleas

Cases that cite this one

32 later published cases cite this decision. The 25 that cite it most often are listed here.

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Opinion of the Court

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-law data current through December 31, 2025. Source: CourtListener bulk data.