State Ex Rel. Ketchum v. District Court of Tulsa Co.

Citations

• 198 P. 480
• 82 Okla. 54
• 1921 OK 181
• 1921 Okla. LEXIS 175

Syllabus

<p>(Syllabus.)</p> <p>1. Courts — Conflicting Jurisdiction — Action to Enforce lien — Custodia Legis.</p> <p>Where in an action a petition has been filed to enforce a lien against specific property, process issued and served as required by law in a court of competent jurisdiction, the property involved in the action is brought into custodia legis, subject to the power and control of the court, and no other court of co-ordinate or concurrent jurisdiction can, in an action commenced while the property is in such a situation, deprive the court which has already acquired the right of control and possession of such property of its jurisdiction; and the control of said property and jurisdiction of the court in which the action is first filed is not dependent upon actual physical possession of said property, but the court in which said action is first commenced is entitled to the possession of the res, because its possession of the same is indispensable to the exercise of its jurisdiction to the end that the res may be impressed by its decree.</p> <p>2. Prohibition — ^Conflict of Jurisdiction— Right to Writ.</p> <p>In an original proceeding in this court for a writ of prohibition, where it appears that a conflict of jurisdiction has arisen between two courts of concurrent jurisdiction over the subject-matter, and jurisdiction has been lawfully acquired by one court, and it appearing that an intolerable conflict of jurisdiction is existing, this court will issue a writ of prohibition prohibiting the unlawful exercise of jurisdicton by the court whch is unlawfully interfering with the jurisdiction of the court that first lawfully acquired jurisdiction of the subject-matter.</p>