Which court first obtained jurisdiction over the parties to this action?
Fortunately the controlling facts are not in dispute.
As already stated, the plaintiff wife instituted this action in Cuyahoga county on January 18, 1952, and obtained personal service of the summons five days later on January 23. It is agreed that this was a complete compliance with the law and vested jurisdiction in that court unless there had been a prior vesting of jurisdiction in the Ashtabula county court.
The defendant relies on a number of conceded facts. The first is that his Ashtabula county action was instituted more than two months earlier on October 30, 1951. In the following month of November several summonses were issued but none was served. Then a
Had jurisdiction vested in the Ashtabula county court before January 23?
It is agreed that the leave to plead obtained by the wife did not constitute an entry of appearance which avoids the necessity for the statutory service of summons. However, the husband insists that the obtaining of the leave to plead is of some significance when coupled with the subsequent service by publication which was started before January 23. He contends that when the publication began, his action was commenced and jurisdiction thereby was vested although the publication was not completed until several weeks later. He insists that an action is commenced at the date of the summons or at the date of the first publication when the latter procedure is used.
While the date of the commencement of an action obviously is important for certain purposes, this court is of the view that under the strict compliance required in procedure in divorce actions in this state, this date is not controlling in determining when jurisdiction is obtained over the defendant.
In the instant case on the date of January 23, the wife’s petition had been filed and-the summons had been issued and served. Had the summons merely
The defendant husband places some reliance on the decision of this court in the case of Tucker v. Tucker, 143 Ohio St., 658, 56 N. E. (2d), 202 The facts in that case are quite in contrast with the circumstances in the instant controversy. In that case there was personal service of summons. It is true that it*was subject to a motion to quash by reason of an irregularity. However, no such motion was filed. Instead, the defendant entered an appearance and filed an answer. Then later the defendant withdrew his answer and requested that the case proceed as an uncontested matter.
Hence, the Court of Appeals was not in error in holding that the completed personal service of summons on January 23, 1952, vested jurisdiction in the Cuyahoga county court and that the incompleted service by publication had not vested jurisdiction in the Ashtabula county court.
Judgment affirmed.