State ex rel. Hierl v. District Court

Writ of prohibition commanding the district court of Douglas county and the Honorable Rol E. Barron, judge thereof, to refrain from proceeding to trial in the case of Homer C. McClure v. Emil P. Hierl, in which relator is defendant, until this court has determined an appeal now pending in the case of Emil P. Hierl v. Homer C. McClure, in which relator is plaintiff.

The actions arose out of an automobile accident. Hierl first brought suit against McClure for negligence as a result thereof. McClure interposed an answer therein but chose not to file a counterclaim, instead instituting a separate…