Kelley v. State ex rel. Gellner

Citations

• 94 Ohio St. 331
• 114 N.E. 255
• 1916 Ohio LEXIS 136

Syllabus

<p>Jurisdiction — Insolvency court of Hamilton county ■ — Divorce and alimony — Amended Section 1637, General Code (104 O. L., 180) —Authority to hear and determine pending cases — Section 26, General Code — Scope and purpose of writ of prohibition■ — Nonresidence of defendant in divorce proceeding.</p> <p>1. The amendment of Section 1637, General Code, passed February 6, 1914 (104 O. L., 179), withdrawing the jurisdiction of the court of insolvency of Hamilton county after December 31, 1914, in actions for divorce and alimony, being an act remedial in its nature must be read and construed as though Section 26, General Code, were a part thereof.</p> <p>2. The legislature having failed to incorporate in such amending and repealing act an express provision making it applicable to pending actions, those actions by virtue of the provisions of Section 26, General Code, are exempt from the operation of the amended statute. The insolvency court of Hamilton county, therefore, was authorized to hear and determine all actions in divorce and alimony which were pending in that court December 31, 1914.</p> <p>3. The proper function of the writ of prohibition is to restrain inferior courts and tribunals from exceeding their jurisdiction and to confine them to the exercise of those powers legally conferred. It is not an appropriate remedy for the correction of errors, and does not lie to prevent an erroneous decision in a case which the court is authorized to adjudicate.</p> <p>4. The issuance of the writ of prohibition is not warranted to restrain action by a trial court in a divorce proceeding upon the sole ground that the plaintiff had not been a resident of the state a year before filing the petition for divorce.</p>