Chapman v. Superior Court

The petitioner having proceeded to trial upon the contest of a will, in which proceeding he was the contestant, after examination of two witnesses, declined to proceed and orally moved for a dismissal without prejudice. The court denied the motion and proceeded with the case and thereafter ordered the will admitted to probate. A writ of prohibition was thereupon sought to restrain further proceedings and to require the superior court to grant such motion.

Relief is- sought by this petition to avoid delay through appeal.

Section 581 of the Code of Civil Procedure provides that an action may be…