State Ex Rel. Frasch v. Miller

The plaintiffs in error have stated no question of law, either in their brief or upon oral argument, which could not have been decided with equal justice to the litigants on error proceedings from the judgment of the municipal court. The case would then have had both a hearing in the Court of Appeals and a hearing on motion to certify in this court, if so desired. The question of defect of parties defendant could have been raised by demurrer or answer. Not having been raised, it was waived.

It has been repeatedly stated by this court that a writ of prohibition is not available as a substitute…