State Ex Rel. Engh v. Hoffman

Specifically stated, the question presented is:

Was tlie respondent, acting in his judicial capacity as a trial judge, justified in refusing to proceed with the divorce case on the ground that the court did not have jurisdiction to hear and determine the cause?

There can be no question that such tribunal was invested with jurisdiction of the subject matter, and no claim is made that the defendant in the divorce action was not legally bound by his waiver of his rights as a soldier; but the crux of the contention made by respondent’s counsel is that Sections 11983 and 11985, General Code, which…