Murphy v. Murphy

Rhodes, Justice:

The basic question involved in this appeal is whether a county judge has the authority to entertain an action which contains the same issues previously dismissed by another judge of the same court having concurrent jurisdiction. We hold that no such authority exists and reverse.

In the present case the respondent 'had commenced an action on June 2, 1976, for a divorce on the grounds of adultery. She alleged in her petition that such act had occurred on May 25, 1976, and she also named the individual who allegedly participated in the adultry. Judge Owens T. Cobb, Jr., Associate…