Caplow v. Eighth Judicial District Court

OPINION

By the Court, Merrill, C. J.:

This is on application for writ of prohibition. On May 11, 1956 final judgment against petitioners was rendered by respondent court in an action brought against petitioners by Stutz Enterprises, and others. Judgment included a provision that certain notes given by plaintiff, Stutz Enterprises, payable to the defendants in the total sum of $47,500 be canceled and surrendered by defendants to said plaintiff. An appeal from this judgment is now pending before this court.

On July 13, 1956, upon motion of plaintiffs, an order was entered by respondent court…