Henry, Administrator v. Stewart

The opinion of the court was delivered by

O’Connor, J.:

This is an original proceeding in mandamus wherein the plaintiff seeks to have set aside the district judge’s order staying further proceedings in a personal injury and wrongful death action that was transferred to his court from the probate court of Barber county. The issue to be determined is the propriety of the stay order in light of a separate action, involving the same unliquidated claims, pending against the plaintiff in the United States District Court for the District of Kansas.

The claimant in both actions is Gerald L. Frase,…