U.S. Circuit Court for the District of Southern Ohio December 15, 1858 (Bell v. Ohio Life & Trust Co.)

McLEAN, Circuit Justice.

If the priority of jurisdiction depends upon the order just made, there is no question it belongs to the United States court.

But it is claimed on the other side, that the priority of jurisdiction depends upon the commencement of the suit, and that the suit in the superior court was first commenced; and therefore the jurisdiction first attached in that court.