Spinning v. Ohio Life Insurance & Trust Co.
Ohio Superior Court, Cincinnati
Special Term. — On motion to dismiss for want of jurisdiction. An action brought by Charles E. Spinning and Charles Brown, partners, as Spinning & Brown, j udgment creditors of the Ohio Life Insurance and Trust Company, asking the appointment of a receiver of the assets and effects of said company.
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Special Term. — On motion to dismiss for want of jurisdiction. An action brought by Charles E. Spinning and Charles Brown, partners, as Spinning & Brown, j udgment creditors of the Ohio Life Insurance and Trust Company, asking the appointment of a receiver of the assets and effects of said company. The petition sets forth that the Ohio Life Insurance and Trust Company is a corporation created by act of the general assembly of the State of Ohio, with powers of a banking, trust and life insurance company; that under its act of incorporation the company had transacted business for many years,…
1Opinion of the CourtGholson, J.
In this case an objection has been made to the jurisdiction of the court, upon the ground that another court, the circuit court of the United States, has obtained prior jurisdiction of the subject-matter in controversy. “When different courts have concurrent jurisdiction, the one before whom proceedings may be first had, and whose jurisdiction first attaches, must, necessarily, have authority paramount to the other courts; or, rather, the action first commenced shall not be abated by an action commenced between the same parties, in relation to. the *346same subject, in the same or any other…
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