State Ex Rel. Peteet v. Frenger

OPINION OF THE COURT

WATSON, J.

An alternative writ of prohibition was issued, directed to Hon. Numa C. Frenger, district judge, touching his jurisdiction to proceed in a cause in Dona Ana county, wherein Mrs. D. N. Sherman is plaintiff and R. E. Peteet is defendant. A demurrer on behalf of the respondent has been filed and is now before us for disposition.

The plaintiff in said cause filed her complaint, setting up a cause of action for breach of promise of marriage, and laying her damages at $10,000 for mental suffering. Summons and a copy of the complaint were immediately served upon…