STATE, EX REL. GELMAN v. COURT

No. 36624.

172 Ohio St. 70 (1961)

THE STATE, EX REL. GELMAN, APPELLEE, v. COMMON PLEAS COURT OF CUYAHOGA COUNTY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 22, 1961.


Attorney(s) appearing for the Case

Messrs, Clyne, Kane, Ray & Talty and Mr. Dan K. Cook, for appellee.

Mr. John T. Corrigan, prosecuting attorney, and Mr. John L. Dowling, for appellants.


Per Curiam.

It is alleged in the petition and admitted by the demurrer that the Lorain court was the first to acquire jurisdiction of the subject matter and parties.

"As between courts of concurrent jurisdiction, the one whose power is first invoked by the institution of proper proceedings acquires jurisdiction, to the exclusion of all other tribunals, to adjudicate upon the whole issue and to settle the rights of the parties." John Weenink &...

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