Brewster v. Emlet

This is an application to prohibit the trial judge from proceeding further with the hearing of this cause, on the ground that he is without jurisdiction. C. P. arts. 845, 846.

Relator was sued by plaintiff on six promissory notes, given as (part of) the purchase price of certain property, “which was sold to said L. M. Emlet by Morgan Oil Company, Incorporated, on the 19th day of March, 1928, by act before E. A. Motted, notary public.” The notarial act is not annexed to the petition, but was offered in evidence; it declares on its face that the purchaser, L. M. Emlet, defendant in suit and…