Emery v. Superior Court of Maricopa County

UDALL, Justice.

Petitioners (respondents in the mandamus action below) requested this court to issue a writ of prohibition directing respondents The Superior Court ' of Maricopa County and Warren L. McCarthy, Judge thereof, to desist from enforcing an amended peremptory writ of mandamus issued by that court September 20, 1960 in Cause No. 110678 and to desist from taking any further proceedings in said cause of action. We granted the alternative writ of prohibition in order to more fully consider the problem raised by the petition.

The problem presented for us to resolve is entirely a matter of…