Wells v. Montcalm Circuit Judge

Citations

• 141 Mich. 58
• 104 N.W. 318
• 1905 Mich. LEXIS 743

Syllabus

<p>1. Prohibition — Propriety—Conflict of Jurisdiction.</p> <p>Where the circuit courts of different counties are attempting to exercise jurisdiction in a divorce case simultaneously and have made conflicting orders, prohibition is appropriate to settle the conflict of jurisdiction, vacate orders improperly made, and prevent the making of others.</p> <p>2. Courts — Jurisdiction—Conflicts—Priority.</p> <p>Where husband and wife reside in different counties, and the wife files a bill for divorce in the county of her residence and in good faith places the subpoena in the hands of the sheriff for service, the court has jurisdiction, and the subsequent filing of a bill by the husband in his county will not oust it, though service of process is obtained first on his bill.</p>