John Weenink & Sons Co. v. Court of Common Pleas

The ultimate question in this case is: Did the Court of Common Pleas of Cuyahoga county have jurisdiction under the facts presented to it in the action pending therein for a declaratory judgment to temporarily restrain the relators herein from proceeding further in certain actions pending in the Municipal Court of Cleveland, until there is a determination of the action for a declaratory judgment?

Some preliminary observations will be appropriate. The suit of Weenink, as plaintiff in its action in the Municipal Court of Cleveland, is one for a money judgment against the city itself and does not…