Autry v. District Court of Muskogee County

In Autry v. District Court of Muskogee County, 1969 OK 159, 459 P.2d 865, the Oklahoma Supreme Court considered a divorce action in which the wife had sued for separate maintenance in Oklahoma County and a week later, the husband filed an action for divorce in Muskogee County. The Oklahoma Supreme Court cited the general rule that the exercise of concurrent jurisdiction is controlled by the principle of priority. However, the Court limited that general rule and principle in a way pertinent to the instant appeal, stating: "However, the priority principle is applicable only when the cases involved are identical as to subject matter, parties, and relief sought, and the identity as to subject matter, parties and relief sought must be such that a final adjudication of the case in the first court would, as res judicata, be a bar to further proceedings in the second court." (Autry, at P 5, 459 P.2d at 867.)