State Ex Rel. Van Dyke Ford, Inc. v. Cane

An alternative writ of prohibition has been issued by this court staying a trial in the case of Appleton State Bank v. Van Dyke Ford, Inc., Charles J. Newman, and Roland D. Van Dyke, pending this court’s disposition of an appeal taken by Van Dyke Ford, Inc., and others from the overruling by the trial court of a demurrer to the bank’s complaint for the collection of the balance owing on defaulted notes.

The sole issue here is whether the trial court, in the circumstances of this case, can proceed with the trial of a case when such an appeal has been taken to this court. We hold that it can and…