Atwood v. Cox, District Judge

WOLFE, Justice.

This is an application for a writ of prohibition in regard to which an alternative writ was issued. The question is, Shall it be made permanent? The basis for the application was that the amended accusation and complaint does not state a cause of action, and that therefore the trial court is without jurisdiction to proceed to try the case on its merits. So much of the substance of the amended accusation and complaint by J. C. Tuft and Wm. C. Crook, plaintiffs, against John L. Atwood, defendant, as is necessary to under stand the points herein decided is hereunder stated:…