State ex rel. Balson v. Harnishfeger

The parties agree that the issue before the court is that: as between courts of concurrent jurisdiction, which court, to the exclusion of all others, has the right to adjudicate upon the whole issue and to settle the rights of the parties — Is it the court in which the action was first filed or the court in which both the filing of the action and the required service of process is first completed?

Tf it is the former court, then Allen County is the proper forum; if the latter, then the Franklin County court has jurisdiction and the writ of prohibition should have issued.

The Court of Appeals…