State Ex Rel. Word v. District Court

Mr. Justice Morris :

I dissent. The opinion of the majority is so revolutionary, that I am impelled to express my views at length.

The writ is sought to prohibit the district court of the First Judicial District in and for Lewis and Clark county, and the Honorable R. E. McHugh of the Third Judicial District, called in to try the case, from proceeding to set or try case No. 15,862 in the district court without a jury, and that a certain order made and entered therein under date of May 29, 1941, wherein Judge McHugh set the case for hearing as an equity case, he vacated and set aside and the…