State Ex Rel. Appelby v. District Court of Fifth Judicial District

SADLER, Justice.

The question for decision is whether prohibition will lie to restrain -the district court of a county other than that in which the accident occurred from further proceeding in an action by one nonresident of New Mexico against another nonresident, served through the secretary of state pursuant to L.1931, c. 127, to recover damages under 1929 Comp., § 36-104, for wrongful death occasioned in an automobile collision.

The particular action which it is sought to stop by prohibition is one entitled Mary Rice Tom as Temporary Administratrix of the Estate of J. D. Tom, as Plaintiff,…