Huntington Natl. Bank v. Fulton, Supt.

OPINION

By GUERNSEY, J.

1. There is no averment in the pleadings that the subject matter of this action is res judicata or that the Common Pleas Court or this court does not have jurisdiction of the subject matter, and no question as to jurisdiction was raised on the trial of the cause in the Common Pleas Court. The- jurisdiction of the Common Pleas Court and of this court over the subject matter is now objected to for the first time, in the brief of defendant, upon the sole ground that as the Probate Court had jurisdiction of the settlement of decedent’s estate and of the accounting between…