State Ex Rel. Beck v. Duffy

Preliminary to our consideration of the issues presented on this appeal it should be noted that it is undisputed that the writ of prohibition was the appellant’s proper remedy.

We have held that the writ of prohibition may be invoked “in cases of a nonjurisdictional error when the appeal may come too late for effective redress, or be inadequate and there is a need for such intervention to avoid grave hardship or a complete denial of the rights of a litigant.”

Reaching the merits of this appeal, two issues are presented :

1. Is the attorney general properly authorized to appear in this action?

2.…