State Ex Rel. Everette v. Petteway

This is original prohibition under Article V. Section 5, of the Constitution of 1885. The petition seeks a writ of prohibition to prevent the Circuit Court and the Hon. H. C. Petteway, Judge of the Circuit Court of Polk County, from entering an order or judgment announced by him to be entered but not yet entered, holding petitioners in contempt of court.

The facts of the case as gathered from the petition, the record and other matters contained in the transcript are in substance as follows:

F. M. Houlihan, the son-in-law and legal guardian of Pallie S. Smith, his mother-in-law, an insane person…