Allen v. Streithorst

As stated by the defendant-appellant, Streithorst, the sole question now presented for the consideration of this court is whether the Court of Common Pleas was without jurisdiction in the instant case to suspend the execution of the judgment in the earlier case and to grant this plaintiff-appellee leave to file therein an answer interposing his defense.

It is conceded that in the earlier case the Court of Common Pleas had jurisdiction of both the subject matter and the parties. Was any of that jurisdiction lost by that court solely by reason of the fact that the present petition was filed in a…