Prather v. District Court

This is an original proceeding in the nature of prohibition. The parties will be referred to as they appeared in the action out of which this proceeding arises, i.e., petitioners here will be referred to as defendants and the respondents Hugh B. and Maxine V. Hitchcock will be referred to as plaintiffs.

Plaintiffs brought an action in the district court of Weld county on December 16, 1957, to obtain judgment for the balance alleged to be due from defendants on a cognovit note in the original principal sum of $12,000.00. The note contained a provision for the payment of costs of collection and…