Tuschoff v. Westover

This is an original petition for a writ of prohibition, notwithstanding that findings of fact, conclusions of law and a judgment have been entered which makes certiorari the appropriate device. This court has traditionally regarded substance rather than form, and has treated any application as proper irrespective of the writ asked. A complete transcript of the clerk’s record has been furnished by the relators, and the respondents have filed a statement of facts certified to contain all of the matters not already part of the record. The record thus brought here is as complete as could be…