State Ex Rel. Knapp v. Cowan

SHAIN/P. J.

This cause originated in this court by the relator, on July 2, 1935, filing a petition for writ of prohibition.

A preliminary writ of prohibition was issued by Judge Trimble, of this court, on July 2, 1935.

The respondent filed return to preliminary writ in due time, to-wit, July 15, 1935. On July 23, 1935, relator filed motion for'judgment on the pleadings. On the pleadings thus made up the cause was submitted on briefs duly filed by both parties to the cause.

The facts culminating in the issue herein are substantially as follows : On July 17, 1933, one Elsie Knapp instituted a suit…