Kelley v. State ex rel. Gellner
Ohio Supreme Court
Error to the Court of Appeals of Hamilton county. This proceeding in prohibition was instituted by the relatrix in the court of appeals of Hamilton county to restrain Joseph B. Kelley, judge of the insolvency court of Hamilton county, from proceeding to hear and determine a suit for divorce brought in that court by John Gellner against Marie Gellner.
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Error to the Court of Appeals of Hamilton county. This proceeding in prohibition was instituted by the relatrix in the court of appeals of Hamilton county to restrain Joseph B. Kelley, judge of the insolvency court of Hamilton county, from proceeding to hear and determine a suit for divorce brought in that court by John Gellner against Marie Gellner. It is disclosed by the pleadings that the petition in the divorce case was filed in the insolvency court on August 20, 1914, that summons was duly issued and served, that an amended petition was filed February 8, 1915, that issue was made by…
1Opinion of the CourtMatthias, J.
Section 1637, General Code, prior to its amendment February 6, 1914, conferred upon courts of insolvency jurisdiction concurrent with that vested in the court of common pleas in certain matters therein enumerated, which included actions in divorce and alimony. By the act of the legislature passed February 6, 1914, approved February 17, 1914, and filed in the office of the secretary of state February 19, 1914, Section 1637 was amended by adding to paragraph nine thereof the following: “except the court of insolvency in Hamilton county shall not have jurisdiction in actions for divorce and…
2Cases cited1 opinion
- Bode v. WelchOhio Supreme Court · 1875
3Cited by40 opinions
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- State Ex Rel. Merion v. Court of Common PleasOhio Supreme Court · 1940
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