State Ex Rel. Sturm v. Allison

STORCKMAN, Judge.

This is an original proceeding to prohibit the respondent circuit judge from enforcing an order alleged to be in violation of a mandate of this court. The question presented is whether this court’s opinion and mandate issued pursuant thereto precluded the respondent from undertaking for the second time to rule on a motion for new trial and from granting a new trial on a ground of the motion other than the one specified in the court’s first ruling.

The relators were the plaintiffs in an action filed in the Circuit Court of Phelps County to contest the will of Walbridge H.…