Nieman & Northcutt v. Mains

Nieman & Northcutt Clinic, a copartnership, appeals from a judgment of the district court of Osage county, Okla., granting a writ of prohibition upon the application of Charley Mains. Nieman & Northcutt sued Mains in a justice of the peace court on August 27, 1937, and the case was set for trial on September 7th. Before the case was tried on that date, Mains applied orally to the justice for a continuance and the continuance was granted. The justice testified it was granted for 15 days, with the privilege of applying for an extension later, but no extension was sought. Mains testified the…