State ex rel. Bartlett & Co., Grain v. Kelso

SOMERVILLE, Judge.

This is an original proceeding in prohibition, wherein relator seeks to prohibit respondent from dismissing its petition to recover Fifteen Thousand Nine Dollars and Fifty Cents ($15,009.50) claimed owed by James Tiona, Sr. on a debit commodity futures trading account, unless relator joins American Automobile Insurance Company (hereinafter referred to as insurer) as a “party-plaintiff”. A preliminary rule was *581issued and the matter now comes up for decision as to whether the rule should be made absolute.

The order entered by respondent, which generated this proceeding, recited…