280 U.S. 379 (1930), 35, Ohio ex Rel. Popovici v. Agler

Docket Nº:No. 35
Citation:280 U.S. 379, 50 S.Ct. 154, 74 L.Ed. 489
Party Name:Ohio ex Rel. Popovici v. Agler
Case Date:January 20, 1930
Court:United States Supreme Court
 
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Page 379

280 U.S. 379 (1930)

50 S.Ct. 154, 74 L.Ed. 489

Ohio ex Rel. Popovici

v.

Agler

No. 35

United States Supreme Court

Jan. 20, 1930

Argued January 7, 8, 1930

CERTIORARI TO THE SUPREME COURT OF OHIO

Syllabus

1. The provisions of Article III, § 2, of the Constitution extending the judicial power to all cases affecting ambassadors, other public ministers, and consuls, and investing this Court with original jurisdiction of such cases, do not, of themselves and without more, exclude jurisdiction in the courts of a state over a suit against a vice-consul for divorce and alimony. P. 382.

2. The provisions of the Judicial Code, § 24, par. Eighteenth, § 256, par. Eighth, giving the district court original jurisdiction, exclusive of the courts of the several states, over all suits against consuls and vice-consuls, should not be construed as granting to the district court or denying to the state courts, jurisdiction over suits for divorce and alimony. P. 383.

119 Ohio St. 484 affirmed.

Certiorari, 279 U.S. 828, to review a judgment of the Supreme Court of Ohio denying a writ of prohibition, which was sought by the petitioner for the purpose of restraining a proceeding for divorce and alimony in the Court of Common Pleas.

Page 382

HOLMES, J., lead opinion

MR. JUSTICE HOLMES delivered the opinion of the Court.

The relator was sued for divorce and alimony in a Court of the State of Ohio. He objected to the jurisdiction of the Court, but the objection was overruled, and an order for temporary alimony was made. He thereupon applied to the supreme court of the state for a writ of prohibition, but, upon demurrer, to the petition, the writ was denied. ,119 Ohio St. 484. A writ of certiorari was granted by this Court. 279 U.S. 828.

The facts alleged are that the relator is Vice-Consul of Roumania and a citizen of that country, stationed and now residing at Cleveland, Ohio, and it is said by the Supreme Court to have been conceded at the argument that he was married to Helen Popovici, the plaintiff in the original suit, in Stark county, Ohio, where she resided. The relator invokes article III, § 2, of the Constitution: "The judicial Power shall extend . . . to all Cases affecting Ambassadors, other public Ministers and Consuls." "In all Cases affecting Ambassadors, other public Ministers and Consuls . . . the supreme Court shall have...

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