State Ex Rel. Hawthorne v. Pefley, Judge

DISSENTING OPINION

Emmert, J.

The question presented in this original action arises from the statutory provisions for the issuance of writs of mandate and prohibition out of the Supreme Court and Appellate Court of this state. Thé statute conferring such original jurisdiction on these courts provides as follows:. . Writs of mandate and prohibition may issue out of the Supreme and Appellate' Courts of this state in aid of the appellate powers and functions of said courts respectively. Such writs of mandate may issue out of the Supreme Court to the circuit, superior, criminal, probate, juvenile…