State ex rel. Carr v. Caruthers

WOLFE, Commissioner.

This is an action in prohibition in which the relator seeks to prohibit the Judge of the Cape Girardeau Court of Common Pleas from setting aside an order quashing a writ of scire facias and an execution. At the, time the. order quashing the writs was made the judgment creditor was dead. Almost a year after her death her administrator filed a motion to set aside the order quashing the writs, and the court having indicated that the administrator’s motion would be sustained the judgment debtor sought this writ of prohibition.

*534A return to the writ was filed and the relator…