State ex rel. Farmer v. Allison

RUARK, Presiding Judge.

This is prohibition. Since our initial question is one of res judicata or estoppel by judgment, a recounting of some history is necessary.

On May 27, 1958, Harold Fellows was (it is alleged) fatally injuted while riding in an automobile driven by Clarence V. Norman, who died on the same date. The widow of Fellows desired to sue the estate of Norman, but no letters of administration had been-issued on such estate. On May 9, 1959, one Rice Farmer (not of kin) presented application for letters. The applica*246tion named, as those interested, a widow and child. On May 11, 1959,…