United States Supreme Court Cases & Opinions

U.S. Supreme Court

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

Ohio ex Rel. Popovici v. Agler

No. 35

Argued January 7, 8, 1930

Decided January 20, 1930

280 U.S. 379

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. 280 U. S. 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. 280 U. S. 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 280 U. S. 382