State Ex Rel. Fidelity National Bank & Trust Co. v. Buzard

Prohibition: Relators, by this original proceeding, seek to prohibit the respondent judge from taking further cognizance of an action brought against them, as defendants, in the Jackson Cpunty Circuit Court by Frank E. Jones, as plaintiff, to recover $76,889.50, with interest, which was returnable to the May, 1941, term of said court.

The sole question involved is the timeliness of the purported revivor of said action, under facts as follows: Defendants appeared at said May, 1941, term, and demurred. Thereafter, on August 20, 1941, and during the same term, the death of plaintiff, Jones, was…