Wisner v. Probate Court

Counsel for defendants have filed a motion to dismiss the appeal upon the asserted ground that an appeal to this court does not lie to review a judgment of a Court of Appeals denying a writ of prohibition. Section 6, Article IY of the Constitution, confers original jurisdiction upon the Courts of Appeals in prohibition, and Section 2 of the same article gives the Supreme Court appellate jurisdiction in cases which originate in the Courts of Appeals. The dismissal of the petition by the court below was a final order or judgment from which the appeal to this court was properly taken. The motion…