Knight v. Superior Court

THE COURT.

In this ease the superior court is proceeding to try without a jury the issue of incompetency of a citizen of this state. Demand for a jury was made in due and proper time and was by the court denied. Upon this showing an alternative writ of prohibition issued, time for hearing shortened, and the matter heard this day.

Two grounds to the opposition of the issuance of the writ are urged: First, that as a matter of law the superior court is right and that the alleged incompetent has no right to trial by jury of that issue. Without reviewing the authorities, this court is definitely of…