Spivey v. District Court of Third Judicial District

MCCARTHY, j.

— This is an original application for a writ of prohibition. The following facts are stipulated. March 24, 1923, the defendant judge addressed to counsel and delivered to the clerk for the purpose of making a minute entry a letter which closed as follows:

“I am in doubt as to the grounds set up in motion for new trial, as being sufficient to grant the same, and therefore will have to deny the motion upon those grounds.”

The same day the clerk entered the following on the minutes:

“In this cause, the intervenors motion for a new trial having been heretofore argued before the court and…